Erlam v Rahman [2015] EWHC 2370 (QB) (06 August 2015)

Erlam v Rahman [2015] EWHC 2370 (QB) (06 August 2015)

On the evidence, there is a real risk that unless restrained by court order, the defendant will dissipate assets and frustrate enforcement of the judgment debt. The defendant's disclosure is incomplete and raises further questions, justifying continuation of the freezing order and targeted disclosure.

Citation
[2015] EWHC 2370
Parties
Claimant: Andrew Erlam; Defendant: Mohammed Lutfur Rahman
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Part 8 Claim for Injunction and Disclosure Order / Interim Application; Return Date for Freezing and Disclosure Order
Outcome
Freezing order continued; targeted disclosure order granted; costs reserved for further submissions.
Legal Topics
Freezing Injunctions, Disclosure Orders, Judgment Enforcement, Asset Dissipation, Representation of the People Act 1983
Civil Procedure Enforcement of Judgments Freezing Injunctions Disclosure Orders Judgment Enforcement Asset Dissipation Representation of the People Act 1983

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Parties

Andrew Erlam

Claimant

Mohammed Lutfur Rahman

Defendant

Procedural Posture

Part 8 Claim for Injunction and Disclosure Order / Interim Application; Return Date for Freezing and Disclosure Order

Legal Issues

  1. 1 Whether to continue the freezing order against the defendant
  2. 2 Whether to grant further disclosure orders
  3. 3 Assessment of risk of asset dissipation

Ratio Decidendi

On the evidence, there is a real risk that unless restrained by court order, the defendant will dissipate assets and frustrate enforcement of the judgment debt. The defendant's disclosure is incomplete and raises further questions, justifying continuation of the freezing order and targeted disclosure.

Court Disposition

Freezing order continued; targeted disclosure order granted; costs reserved for further submissions.

Orders

  • Freezing order continued until midnight 31 January 2016
  • Defendant to disclose underlying documents for rental income, bank statements from 1 January 2010, loan agreements or written evidence of loans, list of items valued at £2,000 or more since 1 January 2012