Lenkor Energy Trading DMCC v Puri [2022] EWHC 2113 (Comm) (09 August 2022)

Lenkor Energy Trading DMCC v Puri [2022] EWHC 2113 (Comm) (09 August 2022)

Given the entry of an enforceable English judgment and the lack of evidence from the Defendant justifying retention of the Angel Bell exception, together with the policy favouring enforcement of judgments and the Defendant's failure to account for misappropriated funds or rebut allegations of dishonesty, it is inappropriate to retain the exception in the WFO.

Citation
[2022] EWHC 2113 (Comm)
Parties
Claimant: Lenkor Energy Trading DMCC; Defendant: Irfan Iqbal Puri
Jurisdiction
England and Wales
Judgment Date
09 August 2022
Procedural Posture
Commercial Court Application (variation of Worldwide Freezing Order) / Post Judgment, Application to Vary WFO After Final English Judgment
Outcome
Application granted. The Angel Bell exception is removed from the WFO.
Legal Topics
Freezing Injunctions, Post Judgment Relief, Angel Bell Exception, Enforcement of Foreign Judgments
Civil Procedure Commercial Law Enforcement of Judgments Freezing Injunctions Post Judgment Relief Angel Bell Exception Enforcement of Foreign Judgments

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Parties

Lenkor Energy Trading DMCC

Claimant

Irfan Iqbal Puri

Defendant

Procedural Posture

Commercial Court Application (variation of Worldwide Freezing Order) / Post Judgment, Application to Vary WFO After Final English Judgment

Legal Issues

  1. 1 Whether the Angel Bell exception should be removed from the worldwide freezing order post-judgment
  2. 2 Whether the Defendant has justified retention of the exception permitting use of assets in the ordinary course of business

Ratio Decidendi

Given the entry of an enforceable English judgment and the lack of evidence from the Defendant justifying retention of the Angel Bell exception, together with the policy favouring enforcement of judgments and the Defendant's failure to account for misappropriated funds or rebut allegations of dishonesty, it is inappropriate to retain the exception in the WFO.

Court Disposition

Application granted. The Angel Bell exception is removed from the WFO.

Orders

  • The WFO is varied to delete clause 11(b) (the Angel Bell exception).
  • Parties to draw up an order to give effect to the judgment.