Lenkor Energy Trading DMCC v Puri [2022] EWHC 2047 (Comm) (29 July 2022)

Lenkor Energy Trading DMCC v Puri [2022] EWHC 2047 (Comm) (29 July 2022)

The Angel Bell exception should not be removed as there is no enforceable English judgment; the freezing order remains to preserve assets, not to aid execution. The requirement for fortification of the cross-undertaking in damages should remain pending the outcome of the English enforcement action. The Bankers' Books Inspection Order is granted but limited to identified English bank accounts and a defined period, with the scope to be clarified by further submissions.

Citation
[2022] EWHC 2047 (Comm)
Parties
Claimant: Lenkor Energy Trading DMCC; Defendant: Irfan Iqbal Puri
Jurisdiction
England and Wales
Judgment Date
29 July 2022
Procedural Posture
Commercial Court Proceedings for Enforcement of Foreign Judgment and Interim Relief / Interlocutory Applications Prior to English Judgment
Outcome
Applications largely refused or deferred except for limited Bankers' Books Inspection Order granted.
Legal Topics
Freezing Injunctions, Enforcement of Foreign Judgments, Bankers' Books Inspection Orders, Angel Bell Exception, Fortification of Cross Undertaking
Civil Procedure Commercial Law Conflict of Laws Freezing Injunctions Enforcement of Foreign Judgments Bankers' Books Inspection Orders Angel Bell Exception Fortification of Cross Undertaking

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Parties

Lenkor Energy Trading DMCC

Claimant

Irfan Iqbal Puri

Defendant

Procedural Posture

Commercial Court Proceedings for Enforcement of Foreign Judgment and Interim Relief / Interlocutory Applications Prior to English Judgment

Legal Issues

  1. 1 Whether to continue the interim freezing injunction
  2. 2 Whether to remove the Angel Bell exception from the freezing order
  3. 3 Whether to remove the requirement for fortification of the cross-undertaking in damages

Ratio Decidendi

The Angel Bell exception should not be removed as there is no enforceable English judgment; the freezing order remains to preserve assets, not to aid execution. The requirement for fortification of the cross-undertaking in damages should remain pending the outcome of the English enforcement action. The Bankers' Books Inspection Order is granted but limited to identified English bank accounts and a defined period, with the scope to be clarified by further submissions.

Court Disposition

Applications largely refused or deferred except for limited Bankers' Books Inspection Order granted.

Orders

  • Interim freezing injunction continues on existing terms.
  • Angel Bell exception not removed at this stage.