Hashem v Shayif & Anor

Hashem v Shayif & Anor

The court granted further amendment of the injunction to permit increased borrowing up to £200,000, adjourned the application to discharge the injunction to allow applicant's new legal team time to respond, and set directions for the loan account inquiry, emphasizing procedural fairness and the established principle that the company may use its assets to fund legal costs.

Parties
Applicant/defendant: Faiza Ben Hashem; Respondent: Abdulhadi Ali Shayif; Respondent/claimant: Radfan Limited; Claimant: Firas Abdulhadi Shayif; Claimant: Isam Abdulhadi Shayif; Claimant: Aliyah Hadi Shayif; Claimant: Abeer Abdulhadi Shayif
Jurisdiction
England and Wales
Judgment Date
22 December 2009
Procedural Posture
Family Division / Post Judgment Directions and Interlocutory Applications
Outcome
Application to discharge injunction adjourned; injunction varied to permit increased borrowing; directions given for loan account inquiry; costs apportioned.
Legal Topics
Freezing Injunction, Loan Account Inquiry, Possession Proceedings, Costs, Directions Hearing
Family Law Civil Procedure Freezing Injunction Loan Account Inquiry Possession Proceedings Costs Directions Hearing

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Parties

Faiza Ben Hashem

Applicant/defendant

Abdulhadi Ali Shayif

Respondent

Radfan Limited

Respondent/claimant

Firas Abdulhadi Shayif

Claimant

Isam Abdulhadi Shayif

Claimant

Aliyah Hadi Shayif

Claimant

Abeer Abdulhadi Shayif

Claimant

Procedural Posture

Family Division / Post Judgment Directions and Interlocutory Applications

Legal Issues

  1. 1 Whether to discharge or vary the freezing injunction
  2. 2 Directions and timetabling for loan account inquiry
  3. 3 Further amendment of injunction to permit increased secured borrowing

Ratio Decidendi

The court granted further amendment of the injunction to permit increased borrowing up to £200,000, adjourned the application to discharge the injunction to allow applicant's new legal team time to respond, and set directions for the loan account inquiry, emphasizing procedural fairness and the established principle that the company may use its assets to fund legal costs.

Court Disposition

Application to discharge injunction adjourned; injunction varied to permit increased borrowing; directions given for loan account inquiry; costs apportioned.

Orders

  • Loan account inquiry to be heard on or after 15 March 2010 before another judge.
  • Applicant to file and serve Scott Schedule by 8 January 2010 for chattels claim, failing which she is debarred.