Saeed Akbar v Mohammed Sajead Ghaffar & Anor.

Saeed Akbar v Mohammed Sajead Ghaffar & Anor.

The Court found that there was no deliberate or material breach of the duty of full and frank disclosure by the claimant or his solicitors. Any omission regarding the First Defendant's involvement in the letter to RPC was at most innocent and not material enough to warrant discharge of the freezing order and proprietary injunction. The evidence did not support allegations of fraud, dishonesty, or abuse of position by the claimant's solicitors.

Parties
Claimant: Saeed Akbar; First Defendant: Mohammed Sajead Ghaffar; Second Defendant: Sairah Kanwal Shah
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Ruling on Discharge Application of Freezing Order and Proprietary Injunction
Outcome
Discharge Application dismissed
Legal Topics
Freezing Orders, Full and Frank Disclosure, Conflict of Interest, Solicitor's Duties, Material Non Disclosure
Civil Procedure Injunctions Professional Conduct Freezing Orders Full and Frank Disclosure Conflict of Interest Solicitor's Duties Material Non Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Saeed Akbar

Claimant

Mohammed Sajead Ghaffar

First Defendant

Sairah Kanwal Shah

Second Defendant

Procedural Posture

Civil / Ruling on Discharge Application of Freezing Order and Proprietary Injunction

Legal Issues

  1. 1 Whether the claimant breached the duty of full and frank disclosure in obtaining a freezing order and proprietary injunction
  2. 2 Whether alleged conflict of interest and misrepresentation by claimant's solicitors warranted discharge of the order
  3. 3 Whether failure to disclose potential defences constituted material non-disclosure

Ratio Decidendi

The Court found that there was no deliberate or material breach of the duty of full and frank disclosure by the claimant or his solicitors. Any omission regarding the First Defendant's involvement in the letter to RPC was at most innocent and not material enough to warrant discharge of the freezing order and proprietary injunction. The evidence did not support allegations of fraud, dishonesty, or abuse of position by the claimant's solicitors.

Court Disposition

Discharge Application dismissed

Orders

  • The freezing order and proprietary injunction remain in force.
  • Consequential matters and applications for permission to appeal adjourned to hearing on 6 June 2023.