J v H

J v H

The application was dismissed because there was insufficient objective evidence of a solid risk of dissipation of assets by the respondent. The respondent's dealings with assets were transparent, explained, and not indicative of any intention to defeat the applicant's claims. Procedural defects in the application were also noted.

Parties
Applicant: J; Respondent: H
Jurisdiction
England and Wales
Judgment Date
09 November 2022
Procedural Posture
Family Law Freezing Injunction Application / Judgment After Inter Partes Hearing
Outcome
Application dismissed
Legal Topics
Freezing Injunctions, Dissipation of Assets, Financial Remedies, Costs
Family Law Freezing Injunctions Dissipation of Assets Financial Remedies Costs

Case Brief

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Parties

J

Applicant

H

Respondent

Procedural Posture

Family Law Freezing Injunction Application / Judgment After Inter Partes Hearing

Legal Issues

  1. 1 Whether the applicant demonstrated a solid risk of dissipation of assets justifying a freezing injunction
  2. 2 Whether the respondent's dealings with assets were improper or intended to defeat the applicant's claims
  3. 3 Whether the application complied with procedural requirements for freezing orders

Ratio Decidendi

The application was dismissed because there was insufficient objective evidence of a solid risk of dissipation of assets by the respondent. The respondent's dealings with assets were transparent, explained, and not indicative of any intention to defeat the applicant's claims. Procedural defects in the application were also noted.

Court Disposition

Application dismissed

Orders

  • Applicant to pay respondent's costs of £27,318, not to be enforced until conclusion of financial remedy proceedings
  • Recital of respondent's undertakings regarding non-disposal of investment portfolio and property