Kaur v Randhawa [2015] EWHC 1592 (Fam) (09 June 2015)

Kaur v Randhawa [2015] EWHC 1592 (Fam) (09 June 2015)

The husband's and brother's evidence regarding payment and alleged debts was rejected as false and uncorroborated. The funds in the brother's account were found to be beneficially the husband's. The wife is entitled to a third party debt order for the full sum due, including principal, interest, and capped costs. Indemnity costs are justified by the respondents' conduct.

Citation
[2015] EWHC 1592 (Fam)
Parties
Petitioner/applicant: Ranbir Kaur (previously known as Minda Singh); 1st Respondent: Bhupandir Singh Randhawa; 2nd Respondent: Paulvinder Randhawa
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Family Enforcement Application / Final Hearing of Enforcement and Third Party Debt Order
Outcome
Final third party debt order granted in favour of the wife; indemnity costs awarded; freezing order to remain until costs are paid; committal application adjourned generally; judgment and bundle to be sent to DPP.
Legal Topics
Third Party Debt Order, Lump Sum Order, Freezing Order, Indemnity Costs, Perjury Referral
Family Law Enforcement of Judgments Third Party Debt Order Lump Sum Order Freezing Order Indemnity Costs Perjury Referral

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Parties

Ranbir Kaur (previously known as Minda Singh)

Petitioner/applicant

Bhupandir Singh Randhawa

1st Respondent

Paulvinder Randhawa

2nd Respondent

Procedural Posture

Family Enforcement Application / Final Hearing of Enforcement and Third Party Debt Order

Legal Issues

  1. 1 Whether the husband satisfied the lump sum order of £80,000
  2. 2 Whether the funds in the brother's bank account are beneficially the husband's
  3. 3 Whether a third party debt order should be made against Lloyd's Bank for the benefit of the wife

Ratio Decidendi

The husband's and brother's evidence regarding payment and alleged debts was rejected as false and uncorroborated. The funds in the brother's account were found to be beneficially the husband's. The wife is entitled to a third party debt order for the full sum due, including principal, interest, and capped costs. Indemnity costs are justified by the respondents' conduct.

Court Disposition

Final third party debt order granted in favour of the wife; indemnity costs awarded; freezing order to remain until costs are paid; committal application adjourned generally; judgment and bundle to be sent to DPP.

Orders

  • Final third party debt order against Lloyd's Bank for £108,854.28 from account No. 37384868 or derived funds.
  • Indemnity costs order against husband and brother, joint and several liability.