Shepherd Construction Ltd v Berners (BVI) Ltd & Anor

Shepherd Construction Ltd v Berners (BVI) Ltd & Anor

There is solid evidence of a real risk of dissipation of assets by the defendants, based on repeated non-payment, broken promises, dishonoured cheques, failure to comply with court orders, and lack of transparency regarding assets. The freezing order is justified and should remain in place.

Parties
Claimant: Shepherd Construction Ltd; Defendant: Berners (BVI) Ltd; Defendant: JJW Ltd
Jurisdiction
England and Wales
Judgment Date
25 March 2010
Procedural Posture
Civil / Return Day Hearing on Freezing Order
Outcome
Freezing order maintained; JJW Ltd. given liberty to apply for amendment upon provision of asset evidence.
Legal Topics
Freezing Orders, Risk of Dissipation, Enforcement of Judgments, Asset Disclosure
Civil Procedure Commercial Law Freezing Orders Risk of Dissipation Enforcement of Judgments Asset Disclosure

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Parties

Shepherd Construction Ltd

Claimant

Berners (BVI) Ltd

Defendant

JJW Ltd

Defendant

Procedural Posture

Civil / Return Day Hearing on Freezing Order

Legal Issues

  1. 1 Whether there is a real risk of dissipation of assets justifying a freezing order
  2. 2 Whether 'without prejudice' communications can be relied upon in support of the freezing order
  3. 3 Extent and scope of the freezing order

Ratio Decidendi

There is solid evidence of a real risk of dissipation of assets by the defendants, based on repeated non-payment, broken promises, dishonoured cheques, failure to comply with court orders, and lack of transparency regarding assets. The freezing order is justified and should remain in place.

Court Disposition

Freezing order maintained; JJW Ltd. given liberty to apply for amendment upon provision of asset evidence.

Orders

  • Freezing order against defendants' assets up to £1.75 million remains in place.
  • JJW Ltd. ordered to provide evidence of asset values and details of mortgages, loans, and charges for specified hotels.