Haastrup & Anor v Haastrup & Anor
There was no arguable ground for appeal as the Deputy Judge correctly continued the freezing injunction and the associated disclosure obligation on an interlocutory basis to preserve the assets pending resolution of the underlying dispute. The attempt to separate the obligation to provide information from the continuation of the injunction was misconceived.
- Parties
- Respondent/claimant: Gloria Ngozi Haastrup; Respondent/claimant: Emmanuel Ademola Haastrup; Applicant/defendant: John Adewale Haastrup; Applicant/defendant: Universal Trading & Shipping (UK) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 08 December 2015
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- renewed application for permission to appeal refused
- Legal Topics
- Freezing Injunction, Disclosure Obligations, Non Disclosure, Estate Administration
Case Brief
Summary, issues, holding and outcome
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Parties
Gloria Ngozi Haastrup
Respondent/claimant
Emmanuel Ademola Haastrup
Respondent/claimant
John Adewale Haastrup
Applicant/defendant
Universal Trading & Shipping (UK) Limited
Applicant/defendant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether the Deputy Judge erred in refusing to discharge the freezing injunction
- 2 Whether the obligation to provide information under the injunction should continue
- 3 Whether the application to discharge should have been adjourned rather than dismissed
Ratio Decidendi
There was no arguable ground for appeal as the Deputy Judge correctly continued the freezing injunction and the associated disclosure obligation on an interlocutory basis to preserve the assets pending resolution of the underlying dispute. The attempt to separate the obligation to provide information from the continuation of the injunction was misconceived.
Court Disposition
renewed application for permission to appeal refused
Orders
- Renewed application for permission to appeal refused
- Freezing injunction and disclosure obligations to continue pending resolution of underlying dispute
Full Case Text
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