AB v CD

AB v CD

The court does not have jurisdiction to order confiscation or sale of the respondent's property to fund the applicant's foreign litigation costs on a Part 18 application without a fresh contempt application. Such powers under FPR 37.9 can only be exercised following a finding of contempt in properly constituted proceedings. However, the court may grant an injunction restraining the respondent from disposing of the property pending contempt proceedings, provided the applicant undertakes to issue and serve such proceedings.

Parties
Applicant: AB; Respondent: CD
Jurisdiction
England and Wales
Judgment Date
10 September 2024
Procedural Posture
Family / Interlocutory Application for Sale of Property to Fund Foreign Litigation; Ruling on Jurisdiction and Procedure
Outcome
Application for sale of property refused; injunction granted restraining disposal of property pending contempt proceedings.
Legal Topics
Sequestration, Confiscation of Assets, Enforcement of Child Arrangements Orders, Jurisdiction, Injunctions
Family Law Child Abduction Contempt of Court Sequestration Confiscation of Assets Enforcement of Child Arrangements Orders Jurisdiction Injunctions

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Parties

AB

Applicant

CD

Respondent

Procedural Posture

Family / Interlocutory Application for Sale of Property to Fund Foreign Litigation; Ruling on Jurisdiction and Procedure

Legal Issues

  1. 1 Whether the court has jurisdiction to order sale of respondent's property to fund applicant's foreign litigation costs following contempt
  2. 2 Whether sequestration/confiscation powers under FPR 37.9 can be exercised on a Part 18 application
  3. 3 Whether an injunction restraining disposal of property is appropriate pending contempt proceedings

Ratio Decidendi

The court does not have jurisdiction to order confiscation or sale of the respondent's property to fund the applicant's foreign litigation costs on a Part 18 application without a fresh contempt application. Such powers under FPR 37.9 can only be exercised following a finding of contempt in properly constituted proceedings. However, the court may grant an injunction restraining the respondent from disposing of the property pending contempt proceedings, provided the applicant undertakes to issue and serve such proceedings.

Court Disposition

Application for sale of property refused; injunction granted restraining disposal of property pending contempt proceedings.

Orders

  • Dispensed with need for personal service of application on respondent; permitted service by email.
  • Injunction granted restraining respondent from selling, charging, or otherwise dealing with the property pending hearing of contempt application.