Skatteforvaltningen (The Danish Customs And Tax Administration) v Barac & Ors

Skatteforvaltningen (The Danish Customs And Tax Administration) v Barac & Ors

The court found that Mr Barac's necessary expenses until July 2020 exceeded his available non-proprietary assets by £69,589. It is in the interests of justice for Mr Barac to have access to proprietary funds to cover this shortfall, so he can continue to be legally represented in complex, large-scale litigation. The variation is limited to the period until the July 2020 CMC, after which the position will be reconsidered.

Parties
Claimant: Skatteforvaltningen (The Danish Customs and Tax Administration); Defendant: Edo Barac
Jurisdiction
England and Wales
Judgment Date
07 February 2020
Procedural Posture
Commercial Civil Litigation (proprietary Injunction, Variation, Privacy Application) / Interlocutory Application Ruling
Outcome
Application for variation of proprietary injunction granted in part; privacy application granted as reporting restriction.
Legal Topics
Proprietary Injunctions, Variation of Injunctions, Privacy in Court Proceedings, Legal Expenses From Frozen Assets
Civil Procedure Commercial Law Injunctions Proprietary Injunctions Variation of Injunctions Privacy in Court Proceedings Legal Expenses From Frozen Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Skatteforvaltningen (The Danish Customs and Tax Administration)

Claimant

Edo Barac

Defendant

Procedural Posture

Commercial Civil Litigation (proprietary Injunction, Variation, Privacy Application) / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the hearing should be held in private or subject to reporting restrictions
  2. 2 Whether the proprietary injunction should be varied to allow the defendant access to further funds for living and legal expenses

Ratio Decidendi

The court found that Mr Barac's necessary expenses until July 2020 exceeded his available non-proprietary assets by £69,589. It is in the interests of justice for Mr Barac to have access to proprietary funds to cover this shortfall, so he can continue to be legally represented in complex, large-scale litigation. The variation is limited to the period until the July 2020 CMC, after which the position will be reconsidered.

Court Disposition

Application for variation of proprietary injunction granted in part; privacy application granted as reporting restriction.

Orders

  • Variation of proprietary injunction to allow Mr Barac access to proprietary funds to cover the identified shortfall in necessary expenses until July 2020.
  • Reporting restrictions imposed: no reporting of financial information and assets revealed during the hearing.