Metropolitan Housing Trust Ltd vTaylor & Ors

Metropolitan Housing Trust Ltd vTaylor & Ors

Permission to appeal was granted on the basis that there was a real prospect of success that the High Court judge set the legal bar for risk of dissipation too high and may have erred by focusing solely on risk of leaving the jurisdiction. Interim relief was granted in the form of a limited freezing order over the second defendant's interest in his family home and company shares, as this would preserve assets equivalent to the claim and cause minimal prejudice pending the appeal.

Parties
Applicant: Metropolitan Housing Trust Ltd; Defendant: Mr Taylor; Defendant: Mr Ladhur; Defendant: [Third Defendant Company]
Jurisdiction
England and Wales
Judgment Date
19 November 2015
Procedural Posture
Civil Appeal / Interlocutory Appeal on Discharge of Freezing Order
Outcome
Permission to appeal granted; limited interim freezing order imposed pending appeal.
Legal Topics
Freezing Injunctions, Risk of Dissipation, Interim Relief, Appeals, Asset Disclosure
Civil Procedure Commercial Law Freezing Injunctions Risk of Dissipation Interim Relief Appeals Asset Disclosure

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Parties

Metropolitan Housing Trust Ltd

Applicant

Mr Taylor

Defendant

Mr Ladhur

Defendant

[Third Defendant Company]

Defendant

Procedural Posture

Civil Appeal / Interlocutory Appeal on Discharge of Freezing Order

Legal Issues

  1. 1 Whether the High Court erred in discharging the freezing order against the second defendant (Mr Ladhur)
  2. 2 Whether there was a real risk of dissipation of assets by the second defendant
  3. 3 Whether the legal threshold for risk of dissipation was set too high by the High Court

Ratio Decidendi

Permission to appeal was granted on the basis that there was a real prospect of success that the High Court judge set the legal bar for risk of dissipation too high and may have erred by focusing solely on risk of leaving the jurisdiction. Interim relief was granted in the form of a limited freezing order over the second defendant's interest in his family home and company shares, as this would preserve assets equivalent to the claim and cause minimal prejudice pending the appeal.

Court Disposition

Permission to appeal granted; limited interim freezing order imposed pending appeal.

Orders

  • Permission to appeal granted to the claimant.
  • A limited freezing order is imposed restraining the second defendant from dealing with his interest in the family home and shares in relevant companies, including proceeds except for current salary.