Nightingale v Nightingale

Nightingale v Nightingale

The respondent husband has failed to comply with the disclosure requirements of the freezing order and has not adequately explained the discrepancy in the reported sale proceeds; therefore, grounds exist to renew and extend the freezing order and require further disclosure.

Parties
Applicant: Sally Nightingale; Respondent: Christopher Nightingale
Jurisdiction
England and Wales
Judgment Date
17 January 2014
Procedural Posture
Divorce Proceedings With Financial Remedy Application / Return Date of Freezing Order Application
Outcome
Freezing order renewed and extended; further disclosure ordered; date fixed for final determination of sums owed.
Legal Topics
Freezing Orders, Disclosure Obligations, Financial Provision on Divorce
Family Law Civil Procedure Freezing Orders Disclosure Obligations Financial Provision on Divorce

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Parties

Sally Nightingale

Applicant

Christopher Nightingale

Respondent

Procedural Posture

Divorce Proceedings With Financial Remedy Application / Return Date of Freezing Order Application

Legal Issues

  1. 1 Whether the respondent husband has complied with disclosure requirements under the freezing order
  2. 2 Whether grounds exist to renew or extend the freezing order
  3. 3 Determination of sums owed by the husband to the wife pursuant to the consent order

Ratio Decidendi

The respondent husband has failed to comply with the disclosure requirements of the freezing order and has not adequately explained the discrepancy in the reported sale proceeds; therefore, grounds exist to renew and extend the freezing order and require further disclosure.

Court Disposition

Freezing order renewed and extended; further disclosure ordered; date fixed for final determination of sums owed.

Orders

  • Respondent husband must not dispose of or deal with funds held by Memery Crystal or the library at Appleby Castle.
  • Memery Crystal must disclose amounts held in client account on behalf of respondent husband, including account balances and movements.