Family Flyer 67

Tobias v Tobias [2017] EWFC 46: Mostyn J – guidance on applications for freezing orders, ex party orders and use of the out of hours judge

1. W was in the FMH and H in a care home.  H applied for an ex party freezing order upon the FMH, which was charged in favour of commercial creditors and the Local Authority for unpaid council tax.  H also had registered a FLA 1996 notice of home rights.
2. H’s application was to the out-of-hours High Court judge albeit there was no emergency.  His statement supporting the application was defective in failing to list the secured commercial debts, as was the application and there was also no divorce petition issued.

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