Dean & Dean (a firm) v G [2008] EWHC 927 (QB) (07 May 2008)

Dean & Dean (a firm) v G [2008] EWHC 927 (QB) (07 May 2008)

No sufficient evidence of risk of dissipation of assets by Ms G; technical objections to cause of action do not bar relief but substantive risk not established. Material non-disclosure by Dean & Dean also justifies setting aside the freezing order.

Citation
[2008] EWHC 927
Parties
Applicant/claimant: Dean & Dean (a firm); Respondent/defendant: Ms G
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Freezing Order Application / Application to Continue Freezing Order
Outcome
Freezing order set aside
Legal Topics
Freezing Orders, Solicitors Act 1974, Assessment of Costs, Risk of Dissipation, Non Disclosure
Civil Procedure Solicitors' Costs Freezing Orders Solicitors Act 1974 Assessment of Costs Risk of Dissipation Non Disclosure

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Parties

Dean & Dean (a firm)

Applicant/claimant

Ms G

Respondent/defendant

Procedural Posture

Freezing Order Application / Application to Continue Freezing Order

Legal Issues

  1. 1 Whether Dean & Dean had a cause of action against Ms G to support the freezing order
  2. 2 Whether there was sufficient risk of dissipation of assets by Ms G
  3. 3 Whether there was material non-disclosure by Dean & Dean when obtaining the order

Ratio Decidendi

No sufficient evidence of risk of dissipation of assets by Ms G; technical objections to cause of action do not bar relief but substantive risk not established. Material non-disclosure by Dean & Dean also justifies setting aside the freezing order.

Court Disposition

Freezing order set aside

Orders

  • Freezing order against Ms G set aside
  • Application for disclosure of assets outside England and Wales refused