Thursfield v Thursfield

Thursfield v Thursfield

The court has jurisdiction to order disclosure relating to the David Thursfield Family Trust to ensure the effectiveness of previous orders, as there is reasonable ground to believe assets once belonging to the Defendant may still be effectively his and the Defendant can provide the necessary information and disclosure.

Parties
Claimant: Linda Thursfield; Defendant: David Thursfield
Jurisdiction
England and Wales
Judgment Date
21 December 2012
Procedural Posture
Application / Judgment on Application for Disclosure Orders
Outcome
Application granted
Legal Topics
Disclosure Orders, Freezing Orders, Contempt of Court, Jurisdiction for Injunctions
Civil Procedure Trusts Law Family Law Disclosure Orders Freezing Orders Contempt of Court Jurisdiction for Injunctions

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Parties

Linda Thursfield

Claimant

David Thursfield

Defendant

Procedural Posture

Application / Judgment on Application for Disclosure Orders

Legal Issues

  1. 1 Whether the court has jurisdiction to order disclosure relating to the David Thursfield Family Trust
  2. 2 Whether the Defendant can provide the necessary information and disclosure
  3. 3 Privacy concerns versus effectiveness of court orders

Ratio Decidendi

The court has jurisdiction to order disclosure relating to the David Thursfield Family Trust to ensure the effectiveness of previous orders, as there is reasonable ground to believe assets once belonging to the Defendant may still be effectively his and the Defendant can provide the necessary information and disclosure.

Court Disposition

Application granted

Orders

  • Mandatory injunction for disclosure of documents relating to the David Thursfield Family Trust, subject to timing and precise wording