The Weekly Law Reports
[2012] 3 WLR 266
Family Division
Young
v
Young
[2012] EWHC 138 (Fam)
2012 Jan 27;
Feb 3
Mostyn J
European Union— Freedom of movement— Restriction— Court impounding litigant’s passport pending final trial of ancillary relief claims— Risk of litigant leaving country— Whether restriction on litigant’s freedom of movement proportionate—
FEU Treaty
, art 21FEU[1]
—
Parliament and Council Directive 2004/38/EC, art 27[2]
Human rights— Liberty— Interference with— Court impounding litigant’s passport pending final trial of ancillary relief claims— Whether infringing Convention rights to liberty and respect for private life—
Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 5, 8[3]
Injunction— Interlocutory— Jurisdiction to grant— Husband in contempt after failing to comply with court orders in ancillary relief proceedings— Risk of husband leaving country— Whether jurisdiction to restrain husband from leaving country by impounding passport— Conditions to be satisfied before making such order—
Debtors Act 1869 (32 & 33 Vict c 62), s 6 (as amended by Supreme Court of Judicature (Consolidation) Act 1925 (15 & 16 Geo 5, c 49), s 224(1))[4]