Ghoth v Ghoth

JurisdictionEngland & Wales
JudgeTHE MASTER OF THE ROLLS,LORD JUSTICE STUART-SMITH
Judgment Date01 April 1992
Judgment citation (vLex)[1992] EWCA Civ J0401-5
CourtCourt of Appeal (Civil Division)
Date01 April 1992
Docket Number92/0325

[1992] EWCA Civ J0401-5

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE HIGH COURT OF JUSTICE

FAMILY DIVISION

(MR. JUSTICE THORPE)

Royal Courts of Justice

Before:

The Master of the Rolls

(Lord Donaldson)

Lord Justice Stuart-Smith

92/0325

A'Isha Ghoth
Appellant
and
Faisal Hamzah Ghoth
Respondent

MR. G. A. RABIE (instructed by Messrs. Batchelors) appeared for the Appellant.

MR. O. D. WISE (instructed by Messrs. ColIyer Bristow) appeared for the Respondent.

THE MASTER OF THE ROLLS
1

We have been concerned this afternoon with an urgent appeal in relation to a matrimonial matter. The appeal relates to Mareva relief in the following circumstances. The husband claims to be domiciled in Saudi Arabia; the wife claims to be domiciled in this country; both of them appear to live in Ibiza. A preliminary issue was ordered as to whether the court had jurisdiction to hear a petition for divorce by the wife on the basis of the wife's alleged domicile in this country.

2

Pending that determination, interim maintenance was ordered in the sum of £500 per month and a Mareva injunction was granted covering, so far as could be seen, all the husband's assets worldwide, subject only to an exception that he was entitled to meet his "ordinary usual and reasonable living expenses, to include seeking legal advice and representation arising from this injunction and the divorce proceedings". Whether the use of the words "to include" in the context of "usual living expenses" is right does not matter; the sense is clear. In addition to his usual ordinary and reasonable living expenses he can seek and pay for legal advice and representation.

3

The decision which has been reached on the preliminary issue is that the wife is not domiciled in this country and notice of appeal has been given. It would, I think, be wrong for me to express any view as to the prospects of success, save to say that it does appear that, subject to one point about legal professional privilege, the main gravamen of the assault is that the learned judge misunderstood the evidence which was before him; in other words, that it is an appeal on fact rather than law.

4

Undoubtedly, we have jurisdiction to grant injunctive relief pending the hearing of an appeal but there are, I think, one or two issues of general importance which seem to be highlighted by this case.

5

The first is that it is not apparent to me at any rate why, in matrimonial proceedings, either party should be entitled to a Mareva injunction extending to all the assets of the other party, even subject to the usual exceptions as to living expenses. After all, the purpose of a Mareva injunction is to safeguard the plaintiff or petitioner from a situation in which the assets of the opposing party are run down, either with the intention of making that party judgment proof or at least having that effect without reasonable excuse. It is not possible, of...

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7 cases
  • Robin DE CRITTENDEN vCharles ALBERT BAYLISS
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 February 2003
    ...suit had been ordered during the currency of a jurisdictional challenge to an asserted domicile or habitual residence. The case of Ghoth v Ghoth [1992] 2 FLR 300 is an 18 Of course the correction of a transcript of an oral judgment provides the judge with the opportunity to express himself......
  • Wermuth v Wermuth
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 4 February 2003
    ...been ordered during the currency of a jurisdictional challenge to an asserted domicile or habitual residence. The case of Ghoth v Ghoth [1992] 2 FLR 300 is an 18 Of course the correction of a transcript of an oral judgment provides the judge with the opportunity to express himself different......
  • Wermuth v Wermuth
    • United Kingdom
    • Family Division
    • 9 December 2002
    ...agreed principles of jurisdiction. Cases referred to in judgmentsde Cavel v de Cavel Case 143/78 [1979] ECR 1055, ECJ. Ghoth v Ghoth[1993] 1 FCR 177, [1992] 2 All ER 920, [1992] 2 FLR 300, Mietz v Intership Yachting Sneek BV Case C-99/96 [1999] ECR I-2299, ECJ. Reichert v Dresdner Bank AG (......
  • Cyyc v Tvkt
    • Hong Kong
    • Family Court (Hong Kong)
    • 23 January 2017
    ...it would be wrong for there to be an injunction covering the entirety of the assets.” The learned authors cited Ghoth v Ghoth [1992] 2 All ER 920, [1992] 2 FLR 300, CA as the 72. Butterworths Family Law Service, Vol 4(1) also made the point that Mareva injunction should be limited to the ma......
  • Request a trial to view additional results
4 books & journal articles
  • Asset Preservation Orders - Mareva Injunctions
    • Canada
    • Irwin Books The Law of Equitable Remedies. Second Edition
    • 18 June 2013
    ...the characteristics of the defendant have led to a blank wall. Precisely what form 83 Ibid . at para. 74. 84 See Ghoth v. Ghoth , [1992] 2 All E.R. 920 (C.A.). 85 Above note 64. 86 TTMI Ltd of England v. ASM Shipping Ltd of India , [2005] EWHC 2666 (Comm) at para. 25 (Q.B.). Asset Preser va......
  • Table of Cases
    • Canada
    • Irwin Books The Law of Equitable Remedies. Second Edition
    • 18 June 2013
    ...224 Getz v. Barnes (1989), 71 O.R. (2d) 450, [1989] O.J. No. 2273 (H.C.J.) ............... 342 Ghoth v. Ghoth, [1992] 2 All E.R. 920 (C.A.) .................................................... 124 Giles (C.H.) & Co. v. Morris, [1972] 1 W.L.R. 307, [1972] 1 All E.R. 960, 116 Sol. J. 176 (C.A......
  • Table of Cases
    • Canada
    • Irwin Books Mareva and Anton Piller preservation orders in Canada Preliminary Sections
    • 24 June 2017
    ...12 BCLR (2d) 234, 20 CPC (2d) 149,1987 Can LI I 2737 (SC) Geophysical Service v Sable Mary Seismic, 2003 NSSC 73 Ghoth v Ghoth, [1992] 2 All ER 920 (CA) Giammarco & Co (Western) Division vTRL Real Estate Syndicate (05), 2014 ABQB 424 ...................211 102 75 7° 236, 270 182 58 Gianni V......
  • Worldwide Mareva Orders
    • Canada
    • Irwin Books Mareva and Anton Piller preservation orders in Canada The Mareva Asset Preservation Order
    • 24 June 2017
    ...Similarly, the court may limit the monetary amount to the max imum amount that the substantive action might achieve. Choth v Ghoth, [1992] 2 All ER 920 at 923 C. ENFORCEABILITY OF A WORLDWIDE MAREVA ORDER Absent statute or treaty, a state will not recognize and enforce a judg ment of anothe......

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