Mark v Mark & Anor

Mark v Mark & Anor

The applicant failed to demonstrate any breach of the freezing order or risk justifying joint control of the funds. The proposed appeal had no reasonable prospect of success, and no new evidence warranted reconsideration. The administrative transfer of funds, with the opportunity for the applicant to obtain a mirror order in Guernsey, provided sufficient protection.

Parties
Applicant: Victoria Preye Mark; First Respondent: David Alechenu Bonaventure Mark; Second Respondent/intervener: Lincoln Trust Company (Jersey) Ltd
Jurisdiction
England and Wales
Judgment Date
16 June 2006
Procedural Posture
Civil Appeal (family/ancillary Relief) / Application for Permission to Appeal and Related Collateral Applications
Outcome
Permission to appeal refused; application to adduce further evidence refused; application to reinstate permission to appeal granted; stay of execution continued conditionally.
Legal Topics
Ancillary Relief, Freezing Orders, Trusts, Jurisdiction, Appeals
Family Law Civil Procedure Ancillary Relief Freezing Orders Trusts Jurisdiction Appeals

Case Brief

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Parties

Victoria Preye Mark

Applicant

David Alechenu Bonaventure Mark

First Respondent

Lincoln Trust Company (Jersey) Ltd

Second Respondent/intervener

Procedural Posture

Civil Appeal (family/ancillary Relief) / Application for Permission to Appeal and Related Collateral Applications

Legal Issues

  1. 1 Whether the applicant (wife) should be granted permission to appeal the order varying a freezing order over funds in dispute in ancillary relief proceedings
  2. 2 Whether the applicant should be allowed to adduce fresh evidence
  3. 3 Whether the freezing order should be varied to require joint control of funds by the applicant's solicitor

Ratio Decidendi

The applicant failed to demonstrate any breach of the freezing order or risk justifying joint control of the funds. The proposed appeal had no reasonable prospect of success, and no new evidence warranted reconsideration. The administrative transfer of funds, with the opportunity for the applicant to obtain a mirror order in Guernsey, provided sufficient protection.

Court Disposition

Permission to appeal refused; application to adduce further evidence refused; application to reinstate permission to appeal granted; stay of execution continued conditionally.

Orders

  • Application to reinstate permission to appeal granted.
  • Permission to appeal refused.