FM Capital Partners Ltd v Marino & Ors

FM Capital Partners Ltd v Marino & Ors

There is a real risk that Mr Ohmura will dissipate his assets to avoid enforcement of the judgment, based on findings of dishonesty, use of fronting companies, financial sophistication, and incomplete compliance with disclosure orders; the freezing order should be continued.

Parties
Claimant: FM Capital Partners Ltd; First Defendant: Frédéric Marino; Second Defendant: Aurélien Bessot; Third Defendant: Yoshiki Ohmura; Fourth Defendant: Marit Sjovaag (formerly known as Marit Marino)
Jurisdiction
England and Wales
Judgment Date
09 October 2018
Procedural Posture
Commercial / Post Judgment Application to Discharge or Continue Worldwide Freezing Order
Outcome
Application to discharge the worldwide freezing order dismissed; freezing order continued until further order.
Legal Topics
Freezing Injunctions, Enforcement of Judgments, Risk of Dissipation, Dishonest Assistance, Bribery
Civil Procedure Commercial Law Freezing Injunctions Enforcement of Judgments Risk of Dissipation Dishonest Assistance Bribery

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Parties

FM Capital Partners Ltd

Claimant

Frédéric Marino

First Defendant

Aurélien Bessot

Second Defendant

Yoshiki Ohmura

Third Defendant

Marit Sjovaag (formerly known as Marit Marino)

Fourth Defendant

Procedural Posture

Commercial / Post Judgment Application to Discharge or Continue Worldwide Freezing Order

Legal Issues

  1. 1 Whether there is a real risk of dissipation of assets by Mr Ohmura justifying continuation of a worldwide freezing order
  2. 2 Whether the transfer of the Swiss Property was legitimate or an attempt to evade enforcement
  3. 3 Whether delay by the Claimant in seeking the freezing order is fatal to the application

Ratio Decidendi

There is a real risk that Mr Ohmura will dissipate his assets to avoid enforcement of the judgment, based on findings of dishonesty, use of fronting companies, financial sophistication, and incomplete compliance with disclosure orders; the freezing order should be continued.

Court Disposition

Application to discharge the worldwide freezing order dismissed; freezing order continued until further order.

Orders

  • Worldwide freezing order against Mr Ohmura continued until further order
  • Applications to vary the freezing order to be heard after further submissions