ND v KP

ND v KP

The applicant failed to provide objective, contemporaneous evidence of a real risk of dissipation of assets; the matters relied upon were stale, unsubstantiated, or irrelevant. The ex parte application was unjustified, and the applicant breached the duty of candour. The freezing order must be discharged ab initio.

Parties
Petitioner: ND; Respondent: KP
Jurisdiction
England and Wales
Judgment Date
10 February 2011
Procedural Posture
Ancillary Relief (freezing Order) / Interlocutory Application and Cross Application for Discharge of Ex Parte Freezing Order
Outcome
Freezing order discharged ab initio; mirror Swiss order to be discharged; damages inquiry deferred to trial.
Legal Topics
Freezing Orders, Ex Parte Applications, Duty of Candour, Ancillary Relief, Jurisdiction, Asset Dissipation
Family Law Civil Procedure Freezing Orders Ex Parte Applications Duty of Candour Ancillary Relief Jurisdiction Asset Dissipation

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Parties

ND

Petitioner

KP

Respondent

Procedural Posture

Ancillary Relief (freezing Order) / Interlocutory Application and Cross Application for Discharge of Ex Parte Freezing Order

Legal Issues

  1. 1 Whether the applicant met the threshold for a freezing order under statutory or inherent jurisdiction
  2. 2 Whether the ex parte application was justified
  3. 3 Whether there was a breach of the duty of candour by the applicant

Ratio Decidendi

The applicant failed to provide objective, contemporaneous evidence of a real risk of dissipation of assets; the matters relied upon were stale, unsubstantiated, or irrelevant. The ex parte application was unjustified, and the applicant breached the duty of candour. The freezing order must be discharged ab initio.

Court Disposition

Freezing order discharged ab initio; mirror Swiss order to be discharged; damages inquiry deferred to trial.

Orders

  • The ex parte freezing order is discharged ab initio.
  • The applicant wife is ordered to obtain the discharge of the Swiss mirror order.