Jersey Judgment

Matthews v Matthews [2001] JLR 671 (26 October 2001)

Family Law Financial Provision Injunction Asset Preservation

Citation: [2001] JLR 671
Status: Judgment
Jurisdiction: Jersey
Posture: Family Law / Interlocutory

More details

Posture: Family Law / Interlocutory

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Professional case brief

Research organized from the available case record

Source document

Holding and result

The court possesses inherent jurisdiction to grant injunctions preserving assets in family law proceedings, and such injunctions are distinct from Mareva injunctions.

Court disposition

injunction granted

Orders

Assets to be preserved pending determination of financial provision issues

Material facts

Parties

Matthews

Applicant

Matthews

Respondent

Procedural history

Posture

Family Law / Interlocutory

Questions and positions

Legal issues

01
Whether the court has inherent jurisdiction to grant an injunction preserving assets pending determination of financial provision issues
02
Whether such injunction is distinct from a Mareva injunction

Party arguments

Applicant: Applicant seeks an injunction to preserve assets pending determination of financial provision issues in family proceedings.
Respondent: Respondent contests the necessity or appropriateness of such injunction, possibly arguing it is akin to a Mareva injunction.

Court’s reasoning

Legal principles

01
Matthews v Matthews [2001] JLR 671

The court has inherent jurisdiction to grant injunctions preserving assets pending determination of financial provision issues in family law proceedings, distinct from Mareva injunctions.

Ratio, limits and disposition

Ratio decidendi

The court possesses inherent jurisdiction to grant injunctions preserving assets in family law proceedings, and such injunctions are distinct from Mareva injunctions.

Court disposition

injunction granted

Assets to be preserved pending determination of financial provision issues

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[2001] JLR 671

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Matthews v Matthews [2001] JLR 671

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