Haastrup & Anor v Haastrup & Anor [2015] EWCA Civ 1528 (08 December 2015)

Haastrup & Anor v Haastrup & Anor [2015] EWCA Civ 1528 (08 December 2015)

The obligation to provide information under the freezing injunction continues while the injunction is in force, and there was no error in dismissing the application to discharge rather than adjourning it. The Deputy Judge's approach was correct in law and procedure, and there is no arguable ground for appeal.

Citation
[2015] EWCA Civ 1528
Parties
Respondent/claimant: Gloria Ngozi Haastrup; Respondent/claimant: Emmanuel Ademola Haastrup; Applicant/defendant: John Adewale Haastrup; Applicant/defendant: Universal Trading & Shipping (UK) Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Renewed application for permission to appeal refused
Legal Topics
Freezing Injunction, Disclosure Obligations, Interlocutory Relief, Non Disclosure, Estate Administration
Civil Procedure Equity Freezing Injunction Disclosure Obligations Interlocutory Relief Non Disclosure Estate Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Gloria Ngozi Haastrup

Respondent/claimant

Emmanuel Ademola Haastrup

Respondent/claimant

John Adewale Haastrup

Applicant/defendant

Universal Trading & Shipping (UK) Limited

Applicant/defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Deputy Judge erred in dismissing the application to discharge the freezing injunction rather than adjourning it
  2. 2 Whether the obligation to provide information under the freezing injunction should continue pending resolution of the underlying dispute
  3. 3 Whether there was material non-disclosure by the claimants justifying discharge of the injunction

Ratio Decidendi

The obligation to provide information under the freezing injunction continues while the injunction is in force, and there was no error in dismissing the application to discharge rather than adjourning it. The Deputy Judge's approach was correct in law and procedure, and there is no arguable ground for appeal.

Court Disposition

Renewed application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Freezing injunction and associated disclosure obligations to continue