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 freezing injunction is continued and extended worldwide and on a proprietary basis because the claimant has a good arguable case for breach of fiduciary duty, deceit, and proprietary claims, and there is a real risk of dissipation of assets. Disclosure orders are granted 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
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 Injunctions, Proprietary Claims, Constructive Trusts, Breach of Fiduciary Duty, Disclosure Orders, Right to Silence, Privilege Against Self Incrimination
Civil Procedure Trusts and Equity Employment Law Freezing Injunctions Proprietary Claims Constructive Trusts Breach of Fiduciary Duty Disclosure Orders +2 more

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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 purposes

Ratio Decidendi

The freezing injunction is continued and extended worldwide and on a proprietary basis because the claimant has a good arguable case for breach of fiduciary duty, deceit, and proprietary claims, and there is a real risk of dissipation of assets. Disclosure orders are granted 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