CDW Ltd v Bird & Anor [2021] EWHC 3665 (QB) (29 December 2021)

CDW Ltd v Bird & Anor [2021] EWHC 3665 (QB) (29 December 2021)

The applicant demonstrated a strong prima facie case of fraud and asset dissipation by the respondents, justifying the grant of interim injunctive relief and a freezing order to prevent further loss and preserve the status quo pending trial.

Citation
[2021] EWHC 3665 (QB)
Parties
Applicant: CDW Limited; Respondent: Lee David Bird; Respondent: Alan Bird
Jurisdiction
England and Wales
Judgment Date
29 December 2021
Procedural Posture
Interim Injunction Application (without Notice) / First Instance, Interim Relief
Outcome
Interim injunction and freezing order granted as sought.
Legal Topics
Interim Injunctions, Freezing Orders, Fraud, Conversion, Deceit, Unlawful Means Conspiracy, Asset Dissipation
Civil Procedure Commercial Law Employment Law Interim Injunctions Freezing Orders Fraud Conversion Deceit +2 more

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Parties

CDW Limited

Applicant

Lee David Bird

Respondent

Alan Bird

Respondent

Procedural Posture

Interim Injunction Application (without Notice) / First Instance, Interim Relief

Legal Issues

  1. 1 Whether interim injunction and freezing order should be granted against respondents accused of fraud and asset dissipation
  2. 2 Whether there is a real risk of asset dissipation justifying a freezing order
  3. 3 Whether the balance of convenience favours granting injunctive relief

Ratio Decidendi

The applicant demonstrated a strong prima facie case of fraud and asset dissipation by the respondents, justifying the grant of interim injunctive relief and a freezing order to prevent further loss and preserve the status quo pending trial.

Court Disposition

Interim injunction and freezing order granted as sought.

Orders

  • Respondents prohibited from selling or disposing of specified goods.
  • Respondents required to deliver up goods to applicant's solicitors for safekeeping.