header-logo header-logo

26 May 2011 / Claire Sanders
Issue: 7467 / Categories: Features , Divorce , LexisPSL
printer mail-detail

Facing the facts

Claire Sanders examines the principles of freezing orders in matrimonial proceedings as highlighted by ND v KP

Decisions on whether to apply for a freezing order in matrimonial proceedings generally have to be taken quickly. The decision in ND v KP (Asset freezing) [2011] EWHC 457 (Fam), [2011] All ER (D) 24 (May) provides a useful summary of the principles to be applied in relation to such applications and is a cautionary reminder of the duty of candour owed in the case of applications made without notice.

Facts

The parties were married in 2003. In July 2009 the wife commenced divorce proceedings and subsequently made an application for ancillary relief. In December 2010 she made a without notice application to the High Court for a freezing order under the court’s inherent jurisdiction. She successfully obtained an order freezing monies or funds within three bank accounts in Switzerland.

Her application was based on her assertion that the husband was in a position to deplete the assets and that there was a history of the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll