Apparel Fzco v Sheeraz Iqbal

Apparel Fzco v Sheeraz Iqbal

The claimant failed to provide full and frank disclosure in material respects, including not drawing the judge's attention to evidence supporting a potential defence and overselling its case. The evidence now available does not establish a good arguable case or a real risk of dissipation of assets. The freezing order must be set aside and not continued or re-instated.

Parties
Claimant/applicant: Apparel FZCO; Defendant/respondent: Sheeraz Iqbal
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Commercial Freezing Injunction / Application to Continue or Discharge Freezing Order After Without Notice Order
Outcome
Claimant's application to continue or re-instate the freezing order dismissed; Defendant's application to discharge the order succeeds.
Legal Topics
Freezing Injunctions, Full and Frank Disclosure, Risk of Dissipation, Good Arguable Case, Ex Parte Applications
Civil Procedure Commercial Law Freezing Injunctions Full and Frank Disclosure Risk of Dissipation Good Arguable Case Ex Parte Applications

Case Brief

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Parties

Apparel FZCO

Claimant/applicant

Sheeraz Iqbal

Defendant/respondent

Procedural Posture

Commercial Freezing Injunction / Application to Continue or Discharge Freezing Order After Without Notice Order

Legal Issues

  1. 1 Whether the claimant failed to provide full and frank disclosure in the without notice application for a freezing injunction
  2. 2 Whether the freezing order should be continued or re-instated based on the evidence now available
  3. 3 Whether there is a good arguable case and a real risk of dissipation of assets

Ratio Decidendi

The claimant failed to provide full and frank disclosure in material respects, including not drawing the judge's attention to evidence supporting a potential defence and overselling its case. The evidence now available does not establish a good arguable case or a real risk of dissipation of assets. The freezing order must be set aside and not continued or re-instated.

Court Disposition

Claimant's application to continue or re-instate the freezing order dismissed; Defendant's application to discharge the order succeeds.

Orders

  • Freezing order set aside and not continued or re-instated.