Thursfield v Thursfield (Re: Legal & Living Expenses) [2011] EWHC 3714 (Ch) (06 December 2011)

Thursfield v Thursfield (Re: Legal & Living Expenses) [2011] EWHC 3714 (Ch) (06 December 2011)

The court determined that the Ford UK pension fund should not be available for legal and living expenses until further order, given the existence of other assets potentially available to the defendant.

Citation
[2011] EWHC 3714 (Ch)
Parties
Claimant: Linda Jane Thursfield; Defendant: David Thursfield
Jurisdiction
England and Wales
Judgment Date
06 December 2011
Procedural Posture
Civil / Interlocutory Application
Outcome
Order varied to restrict access to pension fund for legal and living expenses until further order.
Legal Topics
Freezing Orders, Legal Expenses, Living Expenses, Pension Funds
Civil Procedure Family Law Freezing Orders Legal Expenses Living Expenses Pension Funds

Case Brief

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Parties

Linda Jane Thursfield

Claimant

David Thursfield

Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the defendant may access frozen UK pension funds for legal and living expenses
  2. 2 Whether other assets available to the defendant should be used before pension funds

Ratio Decidendi

The court determined that the Ford UK pension fund should not be available for legal and living expenses until further order, given the existence of other assets potentially available to the defendant.

Court Disposition

Order varied to restrict access to pension fund for legal and living expenses until further order.

Orders

  • Ford UK pension fund not available for legal and living expenses until further order.
  • Permission granted to either party to apply to vary the relevant paragraph.