UL v BK [2013] EWHC 1735 (Fam) (24 June 2013)

UL v BK [2013] EWHC 1735 (Fam) (24 June 2013)

The freezing order was made without compliance with the required principles and safeguards, without sufficient evidence of risk of dissipation, and in breach of the duty of candour. The applicant failed to demonstrate exceptional urgency or justify the absence of notice and safeguards. The order must be discharged.

Citation
[2013] EWHC 1735 (Fam)
Parties
Applicant: UL; Respondent: BK
Jurisdiction
England and Wales
Judgment Date
24 June 2013
Procedural Posture
Family Law (freezing Injunction in Divorce Proceedings) / Application for Continuation of Ex Parte Freezing Order
Outcome
Freezing order discharged
Legal Topics
Freezing Injunctions, Ex Parte Applications, Duty of Candour, Ancillary Relief, Breach of Confidence, Misuse of Private Information
Family Law Civil Procedure Freezing Injunctions Ex Parte Applications Duty of Candour Ancillary Relief Breach of Confidence Misuse of Private Information

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Parties

UL

Applicant

BK

Respondent

Procedural Posture

Family Law (freezing Injunction in Divorce Proceedings) / Application for Continuation of Ex Parte Freezing Order

Legal Issues

  1. 1 Whether the ex parte freezing order should be continued or discharged
  2. 2 Whether the standard safeguards for freezing orders were properly applied
  3. 3 Whether the applicant breached the duty of candour

Ratio Decidendi

The freezing order was made without compliance with the required principles and safeguards, without sufficient evidence of risk of dissipation, and in breach of the duty of candour. The applicant failed to demonstrate exceptional urgency or justify the absence of notice and safeguards. The order must be discharged.

Court Disposition

Freezing order discharged

Orders

  • The ex parte freezing order is discharged.
  • The husband's undertaking not to deal with the Marbella property is accepted in lieu of an injunction.