Source: All England Reporter
Publisher Citation: [2002] All ER (D) 140 (Mar)
Court: Chancery Division
Judge:

Llyod J

Representation John Dagnall (instructed by Halliwell Landau) for the claimant.
  Paul Tindall (instructed by Russell & Russell) for the first defendant.
Judgment Dates: 11 March 2002

Catchwords

Practice - Pre-trial or post-judgment relief - Freezing order - First defendant being former employee of claimant - First defendant arranging for claimant to buy internet billing system from third defendant at inflated price - Claimant alleging first defendant in breach of duty entitling claimant to proprietary remedies against it - Claimant obtaining freezing and disclosure orders against first and second defendants - Claimant subsequently applying for further disclosure against first defendant - First defendant applying for exceptions to freezing order and extension of time for filing affidavits - Whether applications should be granted.

The Case

It was clear that the court had jurisdiction to permit sums to be withdrawn from an otherwise frozen fund, even where the fund was subject to a proprietary claim. In the instant case however, having regard to the fact that the claimant had a strong case for tracing into the first defendant's account, exceptions to the freezing order to allow the first defendant to withdraw funds for living and legal expenses would not be permitted.

Practice Areas

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