Griffin Underwriting Ltd v Varouxakis [2021] EWHC 226 (Comm) (05 February 2021)
The court found that Griffin had obtained an unsatisfied judgment and judgment on liability against Mr Varouxakis, who had persistently evaded compliance, failed to pay, and engaged in conduct evidencing a real risk of dissipation of assets. The requirements for a post-judgment worldwide freezing order were satisfied, and it was just and convenient to grant the relief. Alternative service was justified due to the defendant's evasiveness.
- Citation
- [2021] EWHC 226 (Comm)
- Parties
- Claimant: Griffin Underwriting Limited; Defendant: Ion G. Varouxakis
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2021
- Procedural Posture
- Commercial Court Application for Post Judgment Relief / Application for Worldwide Post Judgment Freezing Order
- Outcome
- Worldwide post-judgment freezing order granted in favour of Griffin Underwriting Limited against Ion G. Varouxakis.
- Legal Topics
- Freezing Injunctions, Post Judgment Relief, Risk of Asset Dissipation, Alternative Service, Enforcement of Foreign Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
Griffin Underwriting Limited
Claimant
Ion G. Varouxakis
Defendant
Procedural Posture
Commercial Court Application for Post Judgment Relief / Application for Worldwide Post Judgment Freezing Order
Legal Issues
- 1 Whether a worldwide post-judgment freezing order should be granted against the defendant
- 2 Whether there is a real risk of dissipation of assets by the defendant
- 3 Whether alternative service of the order should be permitted
Ratio Decidendi
The court found that Griffin had obtained an unsatisfied judgment and judgment on liability against Mr Varouxakis, who had persistently evaded compliance, failed to pay, and engaged in conduct evidencing a real risk of dissipation of assets. The requirements for a post-judgment worldwide freezing order were satisfied, and it was just and convenient to grant the relief. Alternative service was justified due to the defendant's evasiveness.
Court Disposition
Worldwide post-judgment freezing order granted in favour of Griffin Underwriting Limited against Ion G. Varouxakis.
Orders
- Worldwide freezing order in the terms of the draft order as amended granted against the defendant.
- Permission granted for alternative service of the order and supporting evidence by registered post and email to the defendant's Greek lawyer.
Full Case Text
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