Crowther v Crowther & Ors

Crowther v Crowther & Ors

There is no sufficient evidence that Mr Knight or his companies intend to defeat the wife's financial remedy claims; the arrangements pre-date marital breakdown and appear commercial. Therefore, all injunctions against Mr Knight and his companies are discharged. The question of transfer of Admiralty proceedings should be determined by the Admiralty Court, not the Family Division at this stage.

Parties
Husband/applicant: Paul Crowther; Wife/respondent: Caroline Crowther; Third Party/second Respondent: Steven Knight; Third Respondent: Carasol Group Ltd; Fourth Respondent: Castle Trust and Management Services Ltd; Fifth Respondent: Castle Nominees Ltd; Sixth Respondent: Castle Ship Management Ltd
Jurisdiction
England and Wales
Judgment Date
10 March 2020
Procedural Posture
Matrimonial Financial Remedy Proceedings / First Directions Hearing and Return Date for Freezing Injunctions
Outcome
Injunctions against Mr Knight and his companies discharged; no order for transfer of Admiralty proceedings made.
Legal Topics
Financial Remedies, Freezing Injunctions, Beneficial Ownership, Transfer of Proceedings
Family Law Admiralty Law Financial Remedies Freezing Injunctions Beneficial Ownership Transfer of Proceedings

Case Brief

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Parties

Paul Crowther

Husband/applicant

Caroline Crowther

Wife/respondent

Steven Knight

Third Party/second Respondent

Carasol Group Ltd

Third Respondent

Castle Trust and Management Services Ltd

Fourth Respondent

Castle Nominees Ltd

Fifth Respondent

Castle Ship Management Ltd

Sixth Respondent

Procedural Posture

Matrimonial Financial Remedy Proceedings / First Directions Hearing and Return Date for Freezing Injunctions

Legal Issues

  1. 1 Whether the Admiralty Court proceedings should be transferred to the Family Division
  2. 2 Whether freezing injunctions against Mr Knight and his companies should be continued or discharged
  3. 3 Whether the arrangements regarding ship ownership were a sham to defeat matrimonial claims

Ratio Decidendi

There is no sufficient evidence that Mr Knight or his companies intend to defeat the wife's financial remedy claims; the arrangements pre-date marital breakdown and appear commercial. Therefore, all injunctions against Mr Knight and his companies are discharged. The question of transfer of Admiralty proceedings should be determined by the Admiralty Court, not the Family Division at this stage.

Court Disposition

Injunctions against Mr Knight and his companies discharged; no order for transfer of Admiralty proceedings made.

Orders

  • All subsisting injunctions against the second to sixth respondents are discharged.
  • No order made for transfer of Admiralty proceedings; wife may apply to Admiralty Court if desired.