Cooke Anor v Venulum Property Investments Ltd & Ors

Cooke Anor v Venulum Property Investments Ltd & Ors

The court lacked jurisdiction to grant a freezing order in support of a potential future costs order where no such order yet existed and no monetary claim was being pursued against the third defendant. The application was improperly made ex parte, and the claimants' conduct justified an indemnity costs order.

Parties
Claimant: Mr. Cooke; Claimant: Mrs. Cooke; First Defendant: Venulum Property Investments Limited; Second Defendant: Mr. Cadman; Third Defendant: Venulum Manor Works Limited
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Application for Freezing Order (injunction) in Support of County Court Proceedings / Return Date Hearing on Continuation of Ex Parte Freezing Order
Outcome
Application for continuation of freezing order dismissed; action dismissed.
Legal Topics
Freezing Orders, Jurisdiction for Injunctions, Security for Costs, Ex Parte Applications, Costs Orders
Civil Procedure Injunctions Freezing Orders Jurisdiction for Injunctions Security for Costs Ex Parte Applications Costs Orders

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Parties

Mr. Cooke

Claimant

Mrs. Cooke

Claimant

Venulum Property Investments Limited

First Defendant

Mr. Cadman

Second Defendant

Venulum Manor Works Limited

Third Defendant

Procedural Posture

Application for Freezing Order (injunction) in Support of County Court Proceedings / Return Date Hearing on Continuation of Ex Parte Freezing Order

Legal Issues

  1. 1 Whether the court has jurisdiction to grant a freezing order to secure a potential future costs order
  2. 2 Whether the freezing order should be continued or discharged
  3. 3 Whether the application was properly made ex parte

Ratio Decidendi

The court lacked jurisdiction to grant a freezing order in support of a potential future costs order where no such order yet existed and no monetary claim was being pursued against the third defendant. The application was improperly made ex parte, and the claimants' conduct justified an indemnity costs order.

Court Disposition

Application for continuation of freezing order dismissed; action dismissed.

Orders

  • Freezing order not continued and discharged
  • Action dismissed