XX & Ors v YY & Ors [2021] EWHC 3014 (Ch) (19 October 2021)

XX & Ors v YY & Ors [2021] EWHC 3014 (Ch) (19 October 2021)

The WFO was originally granted on two grounds: personal claims and Chabra jurisdiction. With personal claims discontinued, only assets specifically shown to be amenable to enforcement under Chabra principles should remain subject to the WFO. The application to discharge was not precluded by prior orders, as a material change of circumstances had occurred. The WFO is to be varied and restricted to specific assets (shares in WE Ltd and property at 58 EP) shown by evidence to be amenable to enforcement.

Citation
[2021] EWHC 3014 (Ch)
Parties
Claimants/respondents: XX & Others; Defendants/applicants: YY & Others
Jurisdiction
England and Wales
Judgment Date
19 October 2021
Procedural Posture
Application to Discharge Worldwide Freezing Order (wfo) / Post Interim Relief, Contested Discharge Application
Outcome
WFO discharged in part and varied; costs awarded to tenth defendant for discontinued personal claims, assessment postponed.
Legal Topics
Worldwide Freezing Orders, Chabra Jurisdiction, Proprietary Claims, Knowing Receipt, Relief From Sanctions, Discontinuance Under CPR 38
Civil Procedure Equity Insolvency Worldwide Freezing Orders Chabra Jurisdiction Proprietary Claims Knowing Receipt Relief From Sanctions +1 more

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Parties

XX & Others

Claimants/respondents

YY & Others

Defendants/applicants

Procedural Posture

Application to Discharge Worldwide Freezing Order (wfo) / Post Interim Relief, Contested Discharge Application

Legal Issues

  1. 1 Whether the WFO against the tenth defendant should be discharged following deletion of personal claims
  2. 2 Whether the WFO was justified solely on Chabra grounds
  3. 3 Whether the application to discharge was precluded by previous court orders

Ratio Decidendi

The WFO was originally granted on two grounds: personal claims and Chabra jurisdiction. With personal claims discontinued, only assets specifically shown to be amenable to enforcement under Chabra principles should remain subject to the WFO. The application to discharge was not precluded by prior orders, as a material change of circumstances had occurred. The WFO is to be varied and restricted to specific assets (shares in WE Ltd and property at 58 EP) shown by evidence to be amenable to enforcement.

Court Disposition

WFO discharged in part and varied; costs awarded to tenth defendant for discontinued personal claims, assessment postponed.

Orders

  • WFO against tenth defendant restricted to shares in WE Ltd and property at 58 EP.
  • Costs of discontinued personal claims to be paid by claimants, assessment postponed until end of case.