Kaur v Randhawa

Kaur v Randhawa

The husband's and brother's evidence regarding payment and debt is rejected as false; the funds in the brother's account are the husband's and subject to enforcement; a third party debt order is granted for the lump sum, interest, and costs.

Parties
Applicant: Ranbir Kaur; 1st Respondent: Bhupandir Singh Randhawa; 2nd Respondent: Paulvinder Randhawa
Jurisdiction
England and Wales
Judgment Date
09 June 2015
Procedural Posture
Family / Judgment
Outcome
Final third party debt order granted; indemnity costs awarded; freezing order to remain until costs paid; judgment and bundle to be sent to DPP for consideration of perjury proceedings.
Legal Topics
Third Party Debt Order, Indemnity Costs, Freezing Order, Perjury, Ancillary Relief
Family Law Enforcement of Financial Orders Third Party Debt Order Indemnity Costs Freezing Order Perjury Ancillary Relief

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Parties

Ranbir Kaur

Applicant

Bhupandir Singh Randhawa

1st Respondent

Paulvinder Randhawa

2nd Respondent

Procedural Posture

Family / Judgment

Legal Issues

  1. 1 Whether the husband complied with the order to pay a lump sum to the wife
  2. 2 Whether the funds in the brother's bank account are the husband's property
  3. 3 Whether the alleged debt to the brother is genuine

Ratio Decidendi

The husband's and brother's evidence regarding payment and debt is rejected as false; the funds in the brother's account are the husband's and subject to enforcement; a third party debt order is granted for the lump sum, interest, and costs.

Court Disposition

Final third party debt order granted; indemnity costs awarded; freezing order to remain until costs paid; judgment and bundle to be sent to DPP for consideration of perjury proceedings.

Orders

  • Final third party debt order against Lloyd's bank for £108,854.28 from account No. 37384868
  • Indemnity costs order against husband and brother, joint and several