Dean & Dean (a firm) v G [2008] EWHC 927 (QB) (07 May 2008)

Dean & Dean (a firm) v G [2008] EWHC 927 (QB) (07 May 2008)

There was insufficient evidence that Ms G intended to dissipate her assets to defeat Dean & Dean's claim, and technical arguments about the cause of action did not outweigh the lack of substantive risk. Material non-disclosure by Dean & Dean in the original application also justified setting aside the freezing order.

Citation
[2008] EWHC 927 (QB)
Parties
Applicant/claimant: Dean & Dean (a firm); Respondent/defendant: G (also known as G)
Jurisdiction
England and Wales
Judgment Date
07 May 2008
Procedural Posture
Application to Continue Freezing Order / Post Interim Order, Hearing on Continuation
Outcome
Freezing order set aside
Legal Topics
Freezing Orders, Solicitors' Bills, Risk of Dissipation of Assets, Non Disclosure, Assessment of Costs
Civil Procedure Solicitors' Costs Injunctions Freezing Orders Solicitors' Bills Risk of Dissipation of Assets Non Disclosure Assessment of Costs

Case Brief

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Parties

Dean & Dean (a firm)

Applicant/claimant

G (also known as G)

Respondent/defendant

Procedural Posture

Application to Continue Freezing Order / Post Interim Order, Hearing on Continuation

Legal Issues

  1. 1 Whether Dean & Dean had a cause of action to support the freezing order at the time it was made
  2. 2 Whether there was sufficient risk of dissipation of assets by Ms G to justify continuation of the freezing order
  3. 3 Whether there was material non-disclosure by Dean & Dean in the original application

Ratio Decidendi

There was insufficient evidence that Ms G intended to dissipate her assets to defeat Dean & Dean's claim, and technical arguments about the cause of action did not outweigh the lack of substantive risk. Material non-disclosure by Dean & Dean in the original application also justified setting aside the freezing order.

Court Disposition

Freezing order set aside

Orders

  • Freezing order against Ms G is set aside
  • Application for disclosure of assets outside England and Wales dismissed