Benest and Syvret -v- Cann [2016] JRC 054 (04 March 2016)

Benest and Syvret -v- Cann [2016] JRC 054 (04 March 2016)

The interim injunction was granted to allow the sale of the property and protect the plaintiffs' claim against dissipation of the defendant's share of proceeds, replacing the caveat, without conferring priority or proprietary rights.

Citation
[2016] JRC 054
Parties
Plaintiff: Benest & Syvret; Defendant: Alistair Charles Cann; Parties Cited: Ogier; Interested Party: Defendant's wife
Jurisdiction
Jersey
Judgment Date
04 March 2016
Procedural Posture
Interim Injunction Application / Interlocutory
Outcome
Interim injunction granted
Legal Topics
Interim Injunction, Freezing Order, Solicitors' Fees, Caveat, Sale of Matrimonial Property
Civil Procedure Family Law Interim Injunction Freezing Order Solicitors' Fees Caveat Sale of Matrimonial Property

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Parties

Benest & Syvret

Plaintiff

Alistair Charles Cann

Defendant

Ogier

Parties Cited

Defendant's wife

Interested Party

Procedural Posture

Interim Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether to grant an interim injunction restraining the defendant and cited parties from dealing with the defendant's share of sale proceeds pending resolution of the plaintiff's claim for fees

Ratio Decidendi

The interim injunction was granted to allow the sale of the property and protect the plaintiffs' claim against dissipation of the defendant's share of proceeds, replacing the caveat, without conferring priority or proprietary rights.

Court Disposition

Interim injunction granted

Orders

  • Interim injunction restraining the defendant and cited parties from dealing with the defendant's share of the net proceeds of sale of the property, pending resolution of the plaintiff's claim.
  • Caveat to be raised upon grant of injunction.