UBS Switzerland AG v Kumar [2023] EWHC 2041 (Ch) (04 August 2023)

UBS Switzerland AG v Kumar [2023] EWHC 2041 (Ch) (04 August 2023)

Mr Kumar failed to discharge the burden of proving no other assets or sources of funding are available to pay his legal expenses, particularly due to inadequate explanation regarding the Family Trust and inconsistencies in evidence; therefore, the application to vary the freezing order is dismissed.

Citation
[2023] EWHC 2041 (Ch)
Parties
Claimant/respondent: UBS Switzerland AG; Defendant/applicant: Mr Anil Kumar
Jurisdiction
England and Wales
Judgment Date
04 August 2023
Procedural Posture
Application to Vary Freezing Order / Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Variation of Freezing Order, Legal Expenses Exception, Burden of Proof, Asset Disclosure
Civil Procedure Injunctions Asset Freezing Variation of Freezing Order Legal Expenses Exception Burden of Proof Asset 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 6 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

UBS Switzerland AG

Claimant/respondent

Mr Anil Kumar

Defendant/applicant

Procedural Posture

Application to Vary Freezing Order / Interlocutory Hearing

Legal Issues

  1. 1 Whether Mr Kumar has discharged the burden of proving no other assets available to fund legal expenses
  2. 2 Whether the court should permit variation of the worldwide freezing order to allow sale of Dubai properties and use proceeds for legal expenses

Ratio Decidendi

Mr Kumar failed to discharge the burden of proving no other assets or sources of funding are available to pay his legal expenses, particularly due to inadequate explanation regarding the Family Trust and inconsistencies in evidence; therefore, the application to vary the freezing order is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to vary the worldwide freezing order refused
  • Trial timetable amended as proposed by Mr Kumar, dates accepted by UBS