Aspinall's Club Ltd v Lim [2019] EWHC 2929 (QB) (01 November 2019)

Aspinall's Club Ltd v Lim [2019] EWHC 2929 (QB) (01 November 2019)

The defendant failed to comply with the Murray Order by not confirming he was not the ultimate source of funds for legal fees and by failing to disclose assets exceeding £20,000. These were serious and material breaches. No good explanation was provided. The Unless Order was engaged, resulting in the striking out of the defence and judgment for the claimant.

Citation
[2019] EWHC 2929
Parties
Claimant: Aspinall's Club Limited; Defendant: Han Joeh Lim
Jurisdiction
England and Wales
Judgment Date
01 November 2019
Procedural Posture
Civil (queen's Bench Division) / Post Judgment Application for Declaration of Compliance And/or Relief From Sanctions
Outcome
Defendant's application refused; Unless Order engaged; Defence struck out; Judgment for claimant.
Legal Topics
Freezing Orders, Disclosure Obligations, Relief From Sanctions, Committal Proceedings, Asset Disclosure
Civil Procedure Injunctions Contempt of Court Freezing Orders Disclosure Obligations Relief From Sanctions Committal Proceedings Asset Disclosure

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Parties

Aspinall's Club Limited

Claimant

Han Joeh Lim

Defendant

Procedural Posture

Civil (queen's Bench Division) / Post Judgment Application for Declaration of Compliance And/or Relief From Sanctions

Legal Issues

  1. 1 Whether the defendant complied with the disclosure obligations under the Murray Order
  2. 2 Whether the defendant is entitled to relief from sanctions under CPR 3.9
  3. 3 Whether the Unless Order should be engaged resulting in the striking out of the defence

Ratio Decidendi

The defendant failed to comply with the Murray Order by not confirming he was not the ultimate source of funds for legal fees and by failing to disclose assets exceeding £20,000. These were serious and material breaches. No good explanation was provided. The Unless Order was engaged, resulting in the striking out of the defence and judgment for the claimant.

Court Disposition

Defendant's application refused; Unless Order engaged; Defence struck out; Judgment for claimant.

Orders

  • Defendant to pay the balance of the full fine (£100,000 less £55,000 already paid)
  • Defendant's Defence struck out