UL v BK (Freezing Orders: Safeguards: Standard Examples) [2013] EWHC 1735 (Fam) – Law Journals

Freezing Orders: Wrong court, wrong time, wrong reasons

Katie Chew explains the lessons to be learnt from a decision of Mostyn J on how not to make a without notice application for a freezing order ‘The applicant has a high duty of candour when making an application without notice that, if breached, could lead to the order being discharged.’ In Tobias v Tobias …

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Financial Provision: Needs and misdeeds

Vanessa McMurtrie analyses a recent decision on improperly obtained documents and assesses the dominance of needs in middle-income cases ‘In some circumstances you may be placed in immediate professional difficulty in relation to illicitly obtained materials, as your duty to your client will be in conflict with your duty as an officer of the court.’ …

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Lump Sum Orders: Be prepared

In the conclusion to a two-part analysis Jane Booth sets out methods of enforcing a lump sum order ‘Clients need to be aware, from the outset, that simply having the benefit of a court order for a lump sum is unlikely to be the end of matters if it is suspected that enforcement could be …

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Insolvency: Alternative route

Vanessa Mitchell examines the options available under the Insolvency Act 1986 ‘The circumstances of a case will influence the extent to which the Insolvency Act 1986 can be a useful tool – the setting aside of a transaction may be more beneficial if eg there would be adverse tax consequences if monies were paid out.’ …

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Freezing Orders: A judicial warning

Sarah Woodsford and Mary Gaskins summarise guidance and practice points on freezing orders in UL v BK (Freezing Orders: Safeguards: Standard Examples) ‘There has to be proof of an intention to dissipate, which means a deliberate or reckless dealing in relation to assets, rather than some random event unconnected to the motives of the respondent.’ …

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