Raja v Van Hoogstraten & Ors [2006] EWHC 998 (Ch) (05 April 2006)

Raja v Van Hoogstraten & Ors [2006] EWHC 998 (Ch) (05 April 2006)

Mr van Hoogstraten failed to provide credible evidence of lack of assets or cooperate with disclosure; the risk of asset dissipation remains high; the Estate's asset disclosure is adequate; applications for discharge of the freezing order and related relief are dismissed.

Source-derived case information.

Citation
[2006] EWHC 998 (Ch)
Parties
Claimant: Ashgar Sabir Raja (representing the interests of the estate of the late Mohammed Sabir Raja); Defendant: Mr Nicholas van Hoogstraten; Defendant: Stitchacre Limited; Defendant: Rarebargain Limited; Defendant: Castries Land Limited
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Chancery Action / Post Judgment Applications
Outcome
Applications dismissed
Legal Topics
Freezing Orders, Asset Disclosure, Costs Orders, Fraud, Enforcement of Judgments
Civil Procedure Injunctions Trusts and Estates Freezing Orders Asset Disclosure Costs Orders Fraud Enforcement of Judgments

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Parties

Ashgar Sabir Raja (representing the interests of the estate of the late Mohammed Sabir Raja)

Claimant

Mr Nicholas van Hoogstraten

Defendant

Stitchacre Limited

Defendant

Rarebargain Limited

Defendant

Castries Land Limited

Defendant

Procedural Posture

Chancery Action / Post Judgment Applications

  1. 1 Whether the freezing order against Mr van Hoogstraten should be discharged
  2. 2 Adequacy of asset disclosure by the Estate
  3. 3 Right to cross-examine Mr Lightfoot

Ratio Decidendi

Mr van Hoogstraten failed to provide credible evidence of lack of assets or cooperate with disclosure; the risk of asset dissipation remains high; the Estate's asset disclosure is adequate; applications for discharge of the freezing order and related relief are dismissed.

Court Disposition

Applications dismissed

Orders

  • Freezing order against Mr van Hoogstraten remains in force
  • Estate's asset disclosure deemed adequate