T v B & Anor

T v B & Anor

The Family Division Judge, even if able to assume Crown Court jurisdiction, declines to grant the disclosure orders sought by the mother, holding that applications for disclosure related to restraint orders should be made in the Crown Court where the order was made, and that POCA does not require the Prosecutor to disclose information to third parties not asserting a claim to restrained property.

Parties
Applicant: T; Respondent: B; Intervener: Revenue & Customs Prosecutions Office
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Schedule 1 Children Act 1989 Application for Maintenance / Interlocutory Judgment on Disclosure and Joinder
Outcome
Application for disclosure and joinder refused; Schedule 1 proceedings adjourned generally with liberty to restore.
Legal Topics
Schedule 1 Maintenance, Restraint Orders, Disclosure, Jurisdiction, Joinder
Family Law Criminal Law Schedule 1 Maintenance Restraint Orders Disclosure Jurisdiction Joinder

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Parties

T

Applicant

B

Respondent

Revenue & Customs Prosecutions Office

Intervener

Procedural Posture

Schedule 1 Children Act 1989 Application for Maintenance / Interlocutory Judgment on Disclosure and Joinder

Legal Issues

  1. 1 Whether the Family Division Judge can assume Crown Court jurisdiction to grant disclosure orders related to restraint proceedings
  2. 2 Whether the applicant mother should be joined to Crown Court restraint proceedings for disclosure purposes
  3. 3 Whether the Prosecutor is obliged to disclose information about the father's assets and operation of restraint order exceptions

Ratio Decidendi

The Family Division Judge, even if able to assume Crown Court jurisdiction, declines to grant the disclosure orders sought by the mother, holding that applications for disclosure related to restraint orders should be made in the Crown Court where the order was made, and that POCA does not require the Prosecutor to disclose information to third parties not asserting a claim to restrained property.

Court Disposition

Application for disclosure and joinder refused; Schedule 1 proceedings adjourned generally with liberty to restore.

Orders

  • Mother's application for disclosure and joinder refused.
  • Schedule 1 proceedings adjourned generally with liberty to restore on notice to father and Prosecutor.