GFH Capital Ltd v Haigh [2014] EWHC 3157 (Comm) (13 August 2014)

GFH Capital Ltd v Haigh [2014] EWHC 3157 (Comm) (13 August 2014)

There are cogent reasons to grant an interim freezing order over English assets despite an existing DIFC worldwide order, namely that the DIFC order does not bind English banks and there has been delay in asset disclosure. The letter of request for bank documents is granted only to the extent of specific, identifiable documents, not general information or conjectural categories.

Citation
[2014] EWHC 3157 (Comm)
Parties
Claimant: GFH Capital Limited; Defendant: David Laurence Haigh
Jurisdiction
England and Wales
Judgment Date
13 August 2014
Procedural Posture
Application Under S.25 Civil Jurisdiction and Judgments Act 1982 / Interim Applications for Freezing Order and for Evidence Pursuant to Letter of Request
Outcome
Interim freezing order granted; limited order for production of bank documents granted
Legal Topics
Freezing Injunctions, International Enforcement of Judgments, Letters of Request, Disclosure of Documents
Civil Procedure Commercial Law Freezing Injunctions International Enforcement of Judgments Letters of Request Disclosure of Documents

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Parties

GFH Capital Limited

Claimant

David Laurence Haigh

Defendant

Procedural Posture

Application Under S.25 Civil Jurisdiction and Judgments Act 1982 / Interim Applications for Freezing Order and for Evidence Pursuant to Letter of Request

Legal Issues

  1. 1 Whether an interim freezing order should be granted in support of foreign proceedings under s.25 of the Civil Jurisdiction and Judgments Act 1982
  2. 2 Whether the court should order production of documents from banks pursuant to a letter of request

Ratio Decidendi

There are cogent reasons to grant an interim freezing order over English assets despite an existing DIFC worldwide order, namely that the DIFC order does not bind English banks and there has been delay in asset disclosure. The letter of request for bank documents is granted only to the extent of specific, identifiable documents, not general information or conjectural categories.

Court Disposition

Interim freezing order granted; limited order for production of bank documents granted

Orders

  • Interim freezing order over English assets in terms mirroring the DIFC order, limited to assets within the jurisdiction and without asset disclosure requirement
  • Order to Co-operative Bank and NatWest to produce account opening forms, signature mandates, identity documents, and bank statements for specified accounts by 4:30pm on 3 September 2014