Battailon v Shone

There was no material non-disclosure because the fact of marital difficulties was disclosed, and the additional emails would not have altered the court's decision to grant or continue the injunction. Even if there had been non-disclosure, it was not deliberate, and the court would exercise its discretion not to discharge the injunction.

Parties: Claimant/respondent: Battailon; Defendant/appellant: Mr Shone; Defendant/appellant: Mrs Shone
Jurisdiction: England and Wales
Judgment Date: 18 June 2017
Procedural Posture: Injunction/freezing Order Application / Hearing on Continuation and Discharge of Injunction
Outcome: Application to discharge injunction for non-disclosure dismissed; injunction continued against Mrs Shone.
Legal Topics: Freezing Injunction, Material Non Disclosure, Section 423 Insolvency Act, Nominee Ownership, Dissipation of Assets

Civil Procedure Insolvency Asset Recovery Freezing Injunction Material Non Disclosure Section 423 Insolvency Act Nominee Ownership Dissipation of Assets

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Parties

Battailon

Claimant/respondent

Mr Shone

Defendant/appellant

Mrs Shone

Defendant/appellant

Procedural Posture

Injunction/freezing Order Application / Hearing on Continuation and Discharge of Injunction

Legal Issues

1 Whether there was material non-disclosure justifying discharge of the freezing injunction against Mrs Shone
2 Whether the injunction should be continued against Mrs Shone

Ratio Decidendi

Court Disposition

Application to discharge injunction for non-disclosure dismissed; injunction continued against Mrs Shone.

Orders

Directions hearing scheduled for 24 July at 2pm.
Mrs Shone to pay interim costs of £20,000 by 4pm, 9 July.