Erlam v Rahman

Erlam v Rahman

There is a real risk that the defendant will dissipate assets and frustrate enforcement of the judgment debt unless restrained. The freezing order is continued, but not for two years; it will expire on 31st January 2016, subject to liberty to apply. Further targeted disclosure is ordered regarding rental income, bank statements, and loans, but not in respect of property interests already subject to charging order proceedings.

Parties
Claimant: Andrew Erlam; Defendant: Mohammed Lutfur Rahman
Jurisdiction
England and Wales
Judgment Date
06 August 2015
Procedural Posture
Part 8 Proceedings / Interlocutory Judgment on Interim Freezing and Disclosure Order
Outcome
Freezing order continued until 31st January 2016; targeted disclosure orders granted; liberty to apply reserved; costs to be determined separately.
Legal Topics
Freezing Injunctions, Disclosure Orders, Judgment Debt Enforcement, Asset Dissipation Risk
Civil Procedure Enforcement of Judgments Freezing Injunctions Disclosure Orders Judgment Debt Enforcement Asset Dissipation Risk

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Parties

Andrew Erlam

Claimant

Mohammed Lutfur Rahman

Defendant

Procedural Posture

Part 8 Proceedings / Interlocutory Judgment on Interim 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

There is a real risk that the defendant will dissipate assets and frustrate enforcement of the judgment debt unless restrained. The freezing order is continued, but not for two years; it will expire on 31st January 2016, subject to liberty to apply. Further targeted disclosure is ordered regarding rental income, bank statements, and loans, but not in respect of property interests already subject to charging order proceedings.

Court Disposition

Freezing order continued until 31st January 2016; targeted disclosure orders granted; liberty to apply reserved; costs to be determined separately.

Orders

  • Freezing order restraining defendant from disposing of assets up to £350,000 continued until midnight 31st January 2016.
  • Defendant to disclose underlying documents evidencing rental income, bank statements for three disclosed accounts from 1st January 2010 and ongoing, and written evidence of loans by 4pm on 14th August 2015.