Thursfield v Thursfield (Re Delay)

Thursfield v Thursfield (Re Delay)

Delay in bringing proceedings is not a bar when there remain assets to protect and the defendant is expected to comply with court orders.

Parties
Claimant: Linda Jane Thursfield; Defendant: David Thursfield
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Civil / Judgment (re Delay)
Outcome
Proceedings allowed to continue; delay not a bar.
Legal Topics
Enforcement of Foreign Judgments, Freezing Orders, Delay in Proceedings
Family Law Civil Procedure Enforcement of Foreign Judgments Freezing Orders Delay in Proceedings

Case Brief

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Parties

Linda Jane Thursfield

Claimant

David Thursfield

Defendant

Procedural Posture

Civil / Judgment (re Delay)

Legal Issues

  1. 1 Whether delay in bringing proceedings bars enforcement of Michigan order
  2. 2 Whether claimant's actions were unduly delayed
  3. 3 Whether risk of imminent flight justified passport order

Ratio Decidendi

Delay in bringing proceedings is not a bar when there remain assets to protect and the defendant is expected to comply with court orders.

Court Disposition

Proceedings allowed to continue; delay not a bar.

Orders

  • Protection of pension fund and identification/protection of other assets ordered.
  • Passport order applicable only if defendant enters jurisdiction.