RBS Invoice Finance Ltd v Karia & Ors [2008] EWHC 1238 (QB) (12 May 2008)

RBS Invoice Finance Ltd v Karia & Ors [2008] EWHC 1238 (QB) (12 May 2008)

Although the claimant established a good arguable case for fraud and breach of trust, there was insufficient evidence of a real risk of dissipation of assets by the defendants; therefore, the freezing order could not be continued.

Citation
[2008] EWHC 1238
Parties
Claimant: RBS Invoice Finance Limited; First Defendant: Mayus Karia; Second Defendant: RAM Recycling Limited; Third Defendant: Grittco Limited
Jurisdiction
England and Wales
Judgment Date
12 May 2008
Procedural Posture
Interlocutory Application (freezing Order) / Application to Continue/discharge Interim Injunction
Outcome
Freezing order discharged
Legal Topics
Freezing Injunctions, Fraud, Breach of Trust, Factoring Agreements, Asset Dissipation
Civil Procedure Commercial Law Freezing Injunctions Fraud Breach of Trust Factoring Agreements Asset Dissipation

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Parties

RBS Invoice Finance Limited

Claimant

Mayus Karia

First Defendant

RAM Recycling Limited

Second Defendant

Grittco Limited

Third Defendant

Procedural Posture

Interlocutory Application (freezing Order) / Application to Continue/discharge Interim Injunction

Legal Issues

  1. 1 Whether the claimant has a good arguable case for fraud and breach of trust
  2. 2 Whether there is a real risk of dissipation of assets justifying continuation of a freezing order

Ratio Decidendi

Although the claimant established a good arguable case for fraud and breach of trust, there was insufficient evidence of a real risk of dissipation of assets by the defendants; therefore, the freezing order could not be continued.

Court Disposition

Freezing order discharged

Orders

  • The freezing order is discharged in its entirety.