Chohan v Patel [2023] EWHC 2907 (Ch) (16 October 2023)

Chohan v Patel [2023] EWHC 2907 (Ch) (16 October 2023)

Given the defendant's inadequate disclosure, failure to provide documentary evidence, and non-compliance with the court's orders, it is necessary and proportionate to order cross-examination and further disclosure to police the freezing order and enable enforcement of the judgment.

Citation
[2023] EWHC 2907 (Ch)
Parties
Claimant: Paresh Kantilal Chohan; Defendant: Prakash Dhanji Patel
Jurisdiction
England and Wales
Judgment Date
16 October 2023
Procedural Posture
Chancery Division Civil Claim / Application for Cross Examination and Further Disclosure Following Non Compliance With Freezing Order
Outcome
Application granted in part
Legal Topics
Freezing Orders, Cross Examination, Asset Disclosure, Privilege Against Self Incrimination, Enforcement of Consent Orders
Civil Procedure Injunctions Enforcement of Judgments Freezing Orders Cross Examination Asset Disclosure Privilege Against Self Incrimination Enforcement of Consent Orders

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Parties

Paresh Kantilal Chohan

Claimant

Prakash Dhanji Patel

Defendant

Procedural Posture

Chancery Division Civil Claim / Application for Cross Examination and Further Disclosure Following Non Compliance With Freezing Order

Legal Issues

  1. 1 Whether cross-examination of the defendant should be ordered to police compliance with a freezing order
  2. 2 Whether further documentary disclosure should be ordered in advance of cross-examination
  3. 3 Scope of privilege against self-incrimination in the context of cross-examination under a freezing order

Ratio Decidendi

Given the defendant's inadequate disclosure, failure to provide documentary evidence, and non-compliance with the court's orders, it is necessary and proportionate to order cross-examination and further disclosure to police the freezing order and enable enforcement of the judgment.

Court Disposition

Application granted in part

Orders

  • Order for cross-examination of the defendant in relation to compliance with the freezing order.
  • Order for disclosure of all Barclays bank statements for the account into which pension drawdowns were paid from 27 June 2019 to present.