Source: All England Reporter
Publisher Citation: [2002] All ER (D) 15 (May)
Court: Chancery Division
Judge:

Jacob J
Representation Christopher Carr QC and Hannah Brown (instructed by Arnander Irvine Zietman) for the claimants.
  John Wardell QC (instructed by Withers LLP) for the defendants.
Judgment Dates: 1 May 2002

Catchwords

Injunction - Post-judgment - Freezing order - Claimants seeking to enforce judgment against second defendant - Claimants obtaining freezing injunction over assets of company allegedly owned by second defendant - Preliminary issue arising as to what extent assets held in company's name in fact owned by second defendant - Whether action should proceed to trial.

The Case

In proceedings by which the claimants sought the determination of the court as to whether and to what extent assets held in the company's name were in truth owned by the second defendant, the court ruled that the burden of proof was on the claimants to show that they had a reasonable prospect of succeeding at trial and, on the evidence, that burden was not discharged and accordingly the case would not be permitted to proceed to trial.

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