ZI WANG v GRAHAM DARBY

ZI WANG v GRAHAM DARBY

The defendant failed to discharge the burden of proving he has no assets in excess of the frozen sums; unchallenged expert evidence shows he has access to substantial cryptocurrency holdings, justifying removal of exceptions for living and legal expenses.

Parties
Claimant: Zi Wang; Defendant: Graham Darby
Jurisdiction
England and Wales
Judgment Date
15 March 2022
Procedural Posture
Civil / Application to Vary Freezing Order
Outcome
Claimant's application to vary the freezing order succeeds.
Legal Topics
Freezing Orders, Variation of Injunctions, Burden of Proof, Asset Disclosure, Cryptocurrency Asset Tracing
Civil Procedure Asset Freezing Cryptocurrency Freezing Orders Variation of Injunctions Burden of Proof Asset Disclosure Cryptocurrency Asset Tracing

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Parties

Zi Wang

Claimant

Graham Darby

Defendant

Procedural Posture

Civil / Application to Vary Freezing Order

Legal Issues

  1. 1 Whether the defendant has assets in excess of the sums frozen by the order
  2. 2 Whether the exceptions for living and legal expenses should be removed from the freezing order

Ratio Decidendi

The defendant failed to discharge the burden of proving he has no assets in excess of the frozen sums; unchallenged expert evidence shows he has access to substantial cryptocurrency holdings, justifying removal of exceptions for living and legal expenses.

Court Disposition

Claimant's application to vary the freezing order succeeds.

Orders

  • Exceptions for living and legal expenses are removed from the freezing order.