Purbrick v Cruz & Anor

Purbrick v Cruz & Anor

There was insufficient material non-disclosure to justify setting aside the freezing injunction. The claimant has a good arguable case that Mr Cruz is personally liable under the contract, and there is a real risk of dissipation of assets. The freezing injunction is continued, and MM Cruz Developments Ltd is added as a second defendant.

Parties
Claimant: Robert Purbrick; Defendant: Mark Cruz; Defendant: MM Cruz Developments Ltd
Jurisdiction
England and Wales
Judgment Date
11 June 2020
Procedural Posture
Civil / Application to Continue Freezing Injunction and Add Second Defendant
Outcome
Freezing injunction continued; second defendant added
Legal Topics
Freezing Injunction, Material Non Disclosure, Identity of Contracting Parties, Addition of Parties
Contract Law Civil Procedure Freezing Injunction Material Non Disclosure Identity of Contracting Parties Addition of Parties

Case Brief

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Parties

Robert Purbrick

Claimant

Mark Cruz

Defendant

MM Cruz Developments Ltd

Defendant

Procedural Posture

Civil / Application to Continue Freezing Injunction and Add Second Defendant

Legal Issues

  1. 1 Whether there was material non-disclosure justifying setting aside the freezing injunction
  2. 2 Whether there is a good arguable case that Mr Cruz is personally liable under the contract
  3. 3 Whether there is a risk of dissipation of assets justifying continuation of the freezing injunction

Ratio Decidendi

There was insufficient material non-disclosure to justify setting aside the freezing injunction. The claimant has a good arguable case that Mr Cruz is personally liable under the contract, and there is a real risk of dissipation of assets. The freezing injunction is continued, and MM Cruz Developments Ltd is added as a second defendant.

Court Disposition

Freezing injunction continued; second defendant added

Orders

  • The freezing injunction against Mark Cruz is continued until further order of the court.
  • MM Cruz Developments Ltd is added as the Second Defendant.