AA & Ors v BB & Anor [2021] EWCA Civ 1017 (07 July 2021)

AA & Ors v BB & Anor [2021] EWCA Civ 1017 (07 July 2021)

The existence of criminal restraint orders does not, in the circumstances of this case, eliminate the real risk of dissipation of assets or render freezing orders unnecessary; the court must weigh the practical shortcomings of CROs, including lack of notice and differing interests, and the claimants are entitled to their own protective relief.

Citation
[2021] EWCA Civ 1017
Parties
Claimants/respondents: AA & Others; Defendant/appellant: BB; Defendant/appellant: CC
Jurisdiction
England and Wales
Judgment Date
07 July 2021
Procedural Posture
Appeal / Appeal Against Continuation of Worldwide Freezing Orders
Outcome
Appeals dismissed
Legal Topics
Freezing Orders, Criminal Restraint Orders, Risk of Dissipation, Procedural Fairness, Joint Management of Orders
Civil Procedure Asset Recovery Injunctions Freezing Orders Criminal Restraint Orders Risk of Dissipation Procedural Fairness Joint Management of Orders

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Parties

AA & Others

Claimants/respondents

BB

Defendant/appellant

CC

Defendant/appellant

Procedural Posture

Appeal / Appeal Against Continuation of Worldwide Freezing Orders

Legal Issues

  1. 1 Whether the existence of criminal restraint orders (CROs) removes the real risk of dissipation justifying freezing orders
  2. 2 Procedural fairness in granting freezing orders without notice
  3. 3 Compliance with statutory notice requirements under POCA

Ratio Decidendi

The existence of criminal restraint orders does not, in the circumstances of this case, eliminate the real risk of dissipation of assets or render freezing orders unnecessary; the court must weigh the practical shortcomings of CROs, including lack of notice and differing interests, and the claimants are entitled to their own protective relief.

Court Disposition

Appeals dismissed

Orders

  • Continuation of worldwide freezing orders against appellants until trial or further order