Thursfield v Thursfield (Re: Legal & Living Expenses)

Thursfield v Thursfield (Re: Legal & Living Expenses)

The court is not in a position to determine whether the pension fund should be used for legal and living expenses given the existence of other assets; therefore, the exception permitting such payments from the pension fund is suspended until further order.

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 suspend permission to use Ford UK pension fund for legal and living expenses until further order.
Legal Topics
Freezing Orders, Legal Expenses, Living Expenses, Variation of Orders
Civil Procedure Freezing Orders Legal Expenses Living Expenses Variation of Orders

Case Brief

Summary, issues, holding and outcome

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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 have recourse to UK pension funds for legal and living expenses under a freezing order
  2. 2 Whether other assets available to the defendant affect the right to use pension funds

Ratio Decidendi

The court is not in a position to determine whether the pension fund should be used for legal and living expenses given the existence of other assets; therefore, the exception permitting such payments from the pension fund is suspended until further order.

Court Disposition

Order varied to suspend permission to use Ford UK pension fund for legal and living expenses until further order.

Orders

  • The exception permitting payments from the Ford UK pension fund for legal and living expenses is suspended until further order.
  • Either party may apply to vary this paragraph of the order.