Tripwire South LLC v Astor International Limited & Ors

Tripwire South LLC v Astor International Limited & Ors

None of the eight circumstances relied on by the Defendants, individually or collectively, amount to a material change of circumstances. The difficulties with Barclays and banking were foreseeable and considered at the return date; the loss of financing and contracts was also anticipated; allegations of improper funding and 'weaponisation' are unsubstantiated; and the risk of dissipation remains. The application to discharge or vary the freezing order is dismissed in its entirety.

Parties
Claimant: Tripwire South LLC; Defendant: Astor International Limited; Defendant: Astor Defence Limited; Defendant: Mr Henry Turnbull
Jurisdiction
England and Wales
Judgment Date
08 May 2026
Procedural Posture
Commercial / Application to Discharge or Vary Freezing Order After Contested Return Date
Outcome
Application dismissed
Legal Topics
Freezing Injunctions, Material Change of Circumstances, Banking Relationships, Cross Undertaking in Damages
Civil Procedure Commercial Law Freezing Injunctions Material Change of Circumstances Banking Relationships Cross Undertaking in Damages

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Parties

Tripwire South LLC

Claimant

Astor International Limited

Defendant

Astor Defence Limited

Defendant

Mr Henry Turnbull

Defendant

Procedural Posture

Commercial / Application to Discharge or Vary Freezing Order After Contested Return Date

Legal Issues

  1. 1 Whether there has been a material change of circumstances justifying discharge or variation of the freezing order
  2. 2 Whether the freezing order should be replaced by undertakings or a notification injunction
  3. 3 Whether additional fortification of the cross-undertaking in damages is required

Ratio Decidendi

None of the eight circumstances relied on by the Defendants, individually or collectively, amount to a material change of circumstances. The difficulties with Barclays and banking were foreseeable and considered at the return date; the loss of financing and contracts was also anticipated; allegations of improper funding and 'weaponisation' are unsubstantiated; and the risk of dissipation remains. The application to discharge or vary the freezing order is dismissed in its entirety.

Court Disposition

Application dismissed

Orders

  • Defendants' application to discharge or vary the freezing order is dismissed in its entirety.
  • No variation to the freezing order is granted.