Cancer Research UK Ltd v Morris & Anor [2008] EWHC 2678 (QB) (27 May 2008)

Cancer Research UK Ltd v Morris & Anor [2008] EWHC 2678 (QB) (27 May 2008)

The claimant has a good arguable case for proprietary relief and the risk of dissipation of assets justifies continuation and worldwide extension of the freezing injunction, including on a proprietary basis. Disclosure orders are justified to police the injunction and trace assets. Permission to use information for disciplinary proceedings is granted, but not for supplying information to the police, to protect the respondents' rights to silence and a fair trial.

Citation
[2008] EWHC 2678 (QB)
Parties
Claimant: Cancer Research UK Limited; Defendant: Morris; Defendant: Mrs Morris
Jurisdiction
England and Wales
Judgment Date
27 May 2008
Procedural Posture
Civil / Application to Continue and Extend Freezing Injunction
Outcome
Application granted in part
Legal Topics
Freezing Injunction, Proprietary Claim, Constructive Trust, Disclosure Orders, Right to Silence, Privilege Against Self Incrimination
Civil Procedure Trusts and Equity Fraud Freezing Injunction Proprietary Claim Constructive Trust Disclosure Orders Right to Silence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Cancer Research UK Limited

Claimant

Morris

Defendant

Mrs Morris

Defendant

Procedural Posture

Civil / Application to Continue and Extend Freezing Injunction

Legal Issues

  1. 1 Whether to continue and extend a freezing injunction on a worldwide and proprietary basis
  2. 2 Whether to order further disclosure and information from the respondents
  3. 3 Whether to permit use of information obtained in civil proceedings for criminal or disciplinary proceedings

Ratio Decidendi

The claimant has a good arguable case for proprietary relief and the risk of dissipation of assets justifies continuation and worldwide extension of the freezing injunction, including on a proprietary basis. Disclosure orders are justified to police the injunction and trace assets. Permission to use information for disciplinary proceedings is granted, but not for supplying information to the police, to protect the respondents' rights to silence and a fair trial.

Court Disposition

Application granted in part

Orders

  • Freezing injunction continued and extended worldwide
  • Freezing injunction continued on a proprietary basis with limited access to assets for living and legal expenses only if no other assets are available