Source: All England Reporter
Publisher Citation: [2001] All ER (D) 107 (Dec)
Court: Queen's Bench Division
Judge:

Penry Davy J

Representation Kelyn Bacon (instructed by the solicitor for the Department for Environment, Food and Rural Affairs) for the claimant.
  Edward Bannister QC (instructed by Robert Davies Partnership, Newport) for the respondents.
Judgment Dates: 10 December 2001

Catchwords

Practice - Pre-trial or post judgment relief - Freezing order - Claimant applying to extend order until trial or further order - Whether claimant demonstrating good arguable case.

The Case

The court ruled that as the claimant had a good arguable case on the evidence against the respondents, and had demonstrated a well-founded concern that the first respondent was dissipating his assets, an order extending the freezing order until trial of the issue of whether the first respondent's farm had been sold at an undervalue as a device to remove the claimant's security for a judgment debt, or further order, would be granted.

Practice Areas

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