The World LLC v Dalal
World fairly presented all material facts and potential defences at the without notice hearing; there was no material non-disclosure or misrepresentation. There is solid evidence of a real risk of dissipation of assets and risk of the judgment going unsatisfied. The claimant acted with clean hands. The application to discharge the worldwide freezing order is dismissed.
- Parties
- Claimant: The World LLC; Defendant: Mohammed Dalal
- Jurisdiction
- England and Wales
- Judgment Date
- 13 November 2019
- Procedural Posture
- Application to Discharge Worldwide Freezing Order / Ruling on Discharge Application
- Outcome
- Application to discharge worldwide freezing order dismissed
- Legal Topics
- Freezing Orders, Material Non Disclosure, Fraud Defence, Jurisdiction, Enforcement of Foreign Judgments
Case Brief
Summary, issues, holding and outcome
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Parties
The World LLC
Claimant
Mohammed Dalal
Defendant
Procedural Posture
Application to Discharge Worldwide Freezing Order / Ruling on Discharge Application
Legal Issues
- 1 Whether the worldwide freezing order should be discharged for material non-disclosure or misrepresentation
- 2 Whether there is a real risk of dissipation of assets
- 3 Whether there is a risk of the judgment going unsatisfied
Ratio Decidendi
World fairly presented all material facts and potential defences at the without notice hearing; there was no material non-disclosure or misrepresentation. There is solid evidence of a real risk of dissipation of assets and risk of the judgment going unsatisfied. The claimant acted with clean hands. The application to discharge the worldwide freezing order is dismissed.
Court Disposition
Application to discharge worldwide freezing order dismissed
Orders
- Worldwide freezing order to continue
- Parties invited to agree consequential matters including costs
Full Case Text
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