Mackew v Moore

Mackew v Moore

The claimant failed to establish a real risk of dissipation of assets, and the Swiss courts are the appropriate forum for asset protection measures given the defendant's residence and assets in Switzerland. The English court should not second-guess the Swiss court's refusal of protective measures. Even if risk of dissipation were established, considerations of comity and lack of a connecting link to England would warrant refusal of the injunction.

Parties
Claimant: Robert MacKew; Defendant: David Basil Moore
Jurisdiction
England and Wales
Judgment Date
17 May 2012
Procedural Posture
Civil / Ruling on Application to Discharge Freezing Injunction
Outcome
Application to continue freezing injunction refused; freezing order discharged.
Legal Topics
Freezing Injunction, Jurisdiction, Lugano Convention, Asset Protection, Non Disclosure
Civil Procedure International Law Freezing Injunction Jurisdiction Lugano Convention Asset Protection Non Disclosure

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Parties

Robert MacKew

Claimant

David Basil Moore

Defendant

Procedural Posture

Civil / Ruling on Application to Discharge Freezing Injunction

Legal Issues

  1. 1 Whether the English court should continue a worldwide freezing injunction against the defendant
  2. 2 Whether proceedings in Switzerland preclude English jurisdiction under the Lugano Convention
  3. 3 Whether there is a real risk of dissipation of assets justifying an injunction

Ratio Decidendi

The claimant failed to establish a real risk of dissipation of assets, and the Swiss courts are the appropriate forum for asset protection measures given the defendant's residence and assets in Switzerland. The English court should not second-guess the Swiss court's refusal of protective measures. Even if risk of dissipation were established, considerations of comity and lack of a connecting link to England would warrant refusal of the injunction.

Court Disposition

Application to continue freezing injunction refused; freezing order discharged.

Orders

  • The freezing order made by Maddison J is discharged.