Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

Hashem v Shayif & Anor [2009] EWHC 3462 (Fam) (22 December 2009)

The court granted a limited further amendment of the injunction to increase permitted borrowing by £23,000, finding the company needs funds to avoid irretrievable loss and the principle of allowing borrowing is res judicata. The discharge of the injunction was adjourned to allow the wife's new legal team to respond. Directions for the loan account inquiry were set, with strict timetabling and limits on documentation. Costs of the hearing were apportioned equally between the two main issues.

Citation
[2009] EWHC 3462 (Fam)
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 Proceedings (financial Remedies, Injunctions, Property) / Post Judgment Directions and Interim Applications
Outcome
Interim orders made; injunction partially amended; discharge application adjourned; directions given for further hearing.
Legal Topics
Freezing Injunctions, Loan Account Inquiry, Possession Proceedings, Costs Orders, Directions Hearings
Family Law Civil Procedure Freezing Injunctions Loan Account Inquiry Possession Proceedings Costs Orders Directions Hearings

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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 Proceedings (financial Remedies, Injunctions, Property) / Post Judgment Directions and Interim Applications

Legal Issues

  1. 1 Whether to discharge or further amend the freezing injunction over 17 Kensington Heights
  2. 2 Directions and timetabling for the loan account inquiry
  3. 3 Handling of chattels and personal property claims

Ratio Decidendi

The court granted a limited further amendment of the injunction to increase permitted borrowing by £23,000, finding the company needs funds to avoid irretrievable loss and the principle of allowing borrowing is res judicata. The discharge of the injunction was adjourned to allow the wife's new legal team to respond. Directions for the loan account inquiry were set, with strict timetabling and limits on documentation. Costs of the hearing were apportioned equally between the two main issues.

Court Disposition

Interim orders made; injunction partially amended; discharge application adjourned; directions given for further hearing.

Orders

  • Hearing of loan account issue to be listed on first open date on or after 15 March 2010 before a different judge.
  • Wife to file and serve Scott Schedule regarding chattels by 8 January 2010 or be debarred from pursuing such claim.