Battailon v Shone [2017] EWHC 3907 (Comm) (18 June 2017)

Battailon v Shone [2017] EWHC 3907 (Comm) (18 June 2017)

There was no material non-disclosure because the existence of marital difficulties was disclosed and the undisclosed emails would not have affected the decision to grant the injunction; even if there had been non-disclosure, the court would exercise its discretion not to discharge the injunction due to the absence of deliberate concealment, the existence of a good arguable case, and the risk of asset dissipation.

Citation
[2017] EWHC 3907 (Comm)
Parties
Claimant/respondent: Battailon; Defendant/appellant: Mr Shone; Defendant/appellant: Mrs Shone
Jurisdiction
England and Wales
Judgment Date
18 June 2017
Procedural Posture
Freezing Injunction Continuation and Discharge Application / Interlocutory Hearing on Continuation and Discharge of Injunction
Outcome
Application to discharge the injunction refused; injunction continued against Mrs Shone.
Legal Topics
Freezing Injunctions, Material Non Disclosure, Section 423 Insolvency Act 1986, Asset Dissipation, Nominee Ownership
Civil Procedure Insolvency Asset Recovery Freezing Injunctions Material Non Disclosure Section 423 Insolvency Act 1986 Asset Dissipation Nominee Ownership

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Parties

Battailon

Claimant/respondent

Mr Shone

Defendant/appellant

Mrs Shone

Defendant/appellant

Procedural Posture

Freezing Injunction Continuation and Discharge Application / Interlocutory Hearing on Continuation and Discharge of Injunction

Legal Issues

  1. 1 Whether there was material non-disclosure justifying discharge of the freezing injunction against Mrs Shone
  2. 2 Whether the injunction should be continued against Mrs Shone

Ratio Decidendi

There was no material non-disclosure because the existence of marital difficulties was disclosed and the undisclosed emails would not have affected the decision to grant the injunction; even if there had been non-disclosure, the court would exercise its discretion not to discharge the injunction due to the absence of deliberate concealment, the existence of a good arguable case, and the risk of asset dissipation.

Court Disposition

Application to discharge the injunction refused; injunction continued against Mrs Shone.

Orders

  • Directions hearing listed for 2pm, Friday 24 July.
  • Interim payment on account of costs of £20,000 to be paid by Mrs Shone by 4pm, Thursday 9 July.