P v P [2002] JRC 80 (16 April 2002)

P v P [2002] JRC 80 (16 April 2002)

The Court held that, given the defendant's control of Active and his conduct, it would be unjust to allow payment of future legal and administrative expenses from the company's injuncted funds for the purpose of defending the plaintiff's claim. However, payment of reasonable legal fees and routine administrative expenses incurred up to the date of the hearing, and routine administrative expenses necessary to keep the company in good standing, should be permitted, subject to the plaintiff's right to object to the quantum and nature of such payments.

Citation
[2002] JRC 80
Parties
Applicant/intervener: Active Management Software Limited; Plaintiff: Plaintiff (wife); Defendant: Defendant (husband)
Jurisdiction
Jersey
Judgment Date
16 April 2002
Procedural Posture
Application to Vary Injunction in Matrimonial/ancillary Relief Proceedings / Interlocutory Application for Leave to Intervene and for Use of Injuncted Funds
Outcome
Application granted in part and refused in part.
Legal Topics
Mareva Injunctions, Matrimonial Ancillary Relief, Variation of Freezing Orders, Third Party Intervention, Payment of Legal and Administrative Expenses From Frozen Assets
Family Law Civil Procedure Injunctions Mareva Injunctions Matrimonial Ancillary Relief Variation of Freezing Orders Third Party Intervention Payment of Legal and Administrative Expenses From Frozen Assets

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Parties

Active Management Software Limited

Applicant/intervener

Plaintiff (wife)

Plaintiff

Defendant (husband)

Defendant

Procedural Posture

Application to Vary Injunction in Matrimonial/ancillary Relief Proceedings / Interlocutory Application for Leave to Intervene and for Use of Injuncted Funds

Legal Issues

  1. 1 Whether Active Management Software Limited should be granted leave to intervene
  2. 2 Whether the injunction should be varied to permit payment of legal and administrative expenses from frozen assets
  3. 3 Applicable principles for payments out of injuncted funds in matrimonial proceedings

Ratio Decidendi

The Court held that, given the defendant's control of Active and his conduct, it would be unjust to allow payment of future legal and administrative expenses from the company's injuncted funds for the purpose of defending the plaintiff's claim. However, payment of reasonable legal fees and routine administrative expenses incurred up to the date of the hearing, and routine administrative expenses necessary to keep the company in good standing, should be permitted, subject to the plaintiff's right to object to the quantum and nature of such payments.

Court Disposition

Application granted in part and refused in part.

Orders

  • Leave to intervene granted to Active Management Software Limited.
  • Injunction varied to permit payment of reasonable legal fees incurred by Active up to the conclusion of the hearing, subject to plaintiff's right to object.