Haederle v Thomas [2016] EWHC 1866 (Ch) (22 July 2016)

Haederle v Thomas [2016] EWHC 1866 (Ch) (22 July 2016)

Because the freezing order omitted the critical figure in paragraph 7(2), it was materially unclear and uncertain as to the respondent's non-English assets. Therefore, committal proceedings cannot be founded on alleged breaches relating to those assets, as the order was not sufficiently clear and unambiguous in that respect.

Citation
[2016] EWHC 1866 (Ch)
Parties
Petitioner and Applicant: Thomas Haederle; First Respondent: Dierk Thomas
Jurisdiction
England and Wales
Judgment Date
22 July 2016
Procedural Posture
Committal Proceedings (contempt of Court) in Companies Court / Pre Trial Review; Determination of Preliminary Issue
Outcome
Preliminary issue determined in favour of the respondent (Mr Thomas)
Legal Topics
Freezing Injunctions, Unfair Prejudice Petitions, Committal for Contempt, Interpretation of Court Orders, Clerical Errors in Orders
Company Law Civil Procedure Contempt of Court Freezing Injunctions Unfair Prejudice Petitions Committal for Contempt Interpretation of Court Orders Clerical Errors in Orders

Case Brief

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Parties

Thomas Haederle

Petitioner and Applicant

Dierk Thomas

First Respondent

Procedural Posture

Committal Proceedings (contempt of Court) in Companies Court / Pre Trial Review; Determination of Preliminary Issue

Legal Issues

  1. 1 Whether an uncorrected omission of a figure in a worldwide freezing order renders it unenforceable for committal in respect of non-English assets
  2. 2 Whether the order is sufficiently clear and unambiguous to found committal proceedings for alleged breaches relating to assets outside England and Wales

Ratio Decidendi

Because the freezing order omitted the critical figure in paragraph 7(2), it was materially unclear and uncertain as to the respondent's non-English assets. Therefore, committal proceedings cannot be founded on alleged breaches relating to those assets, as the order was not sufficiently clear and unambiguous in that respect.

Court Disposition

Preliminary issue determined in favour of the respondent (Mr Thomas)

Orders

  • Committal proceedings cannot proceed in respect of alleged breaches relating to non-English assets under the current form of the freezing order