Wang v Darby [2022] EWHC 835 (Comm) (15 March 2022)

The defendant failed to discharge the burden of proving he has no assets other than those frozen; unchallenged expert evidence shows he has access to cryptocurrency assets far exceeding the value of the claim. Therefore, the exceptions for living and legal expenses should be removed from the freezing order.

Citation: [2022] EWHC 835 (Comm)
Parties: Claimant: Zi Wang; Defendant: Graham Darby
Jurisdiction: England and Wales
Judgment Date: 15 March 2022
Procedural Posture: Application to Vary Freezing Order (interlocutory) / Post Interim Injunction, Costs and Case Management Conference
Outcome: Claimant's application granted
Legal Topics: Freezing Orders, Cryptocurrency Assets, Asset Disclosure, Interim Relief, Variation of Injunctions

Civil Procedure Commercial Law Freezing Orders Cryptocurrency Assets Asset Disclosure Interim Relief Variation of Injunctions

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 4

Parties

Zi Wang

Claimant

Graham Darby

Defendant

Procedural Posture

Application to Vary Freezing Order (interlocutory) / Post Interim Injunction, Costs and Case Management Conference

Legal Issues

1 Whether the defendant has assets in excess of the sums frozen and should be required to fund his legal and living expenses from those assets
2 Whether the exceptions for living and legal expenses should be removed from the freezing order

Ratio Decidendi

Court Disposition

Claimant's application granted

Orders

Variation of the worldwide freezing order to remove the exceptions for living and legal expenses.