Paresh Kantilal Chohan v Prakash Dhanji Patel

Paresh Kantilal Chohan v Prakash Dhanji Patel

Given the defendant's inadequate disclosure and failure to provide documentary evidence as required by the freezing order, and the need to police the order and enable enforcement of the judgment, it is appropriate to order cross-examination and further documentary disclosure. Privilege against self-incrimination does not prevent such orders, but the use of transcripts is limited to policing the freezing order.

Parties
Claimant: Paresh Kantilal Chohan; Defendant: Prakash Dhanji Patel
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Post Judgment Enforcement Application
Outcome
application granted in part
Legal Topics
Freezing Orders, Cross Examination, Disclosure of Assets, Privilege Against Self Incrimination
Civil Procedure Enforcement of Judgments Freezing Orders Cross Examination Disclosure of Assets Privilege Against Self Incrimination

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Parties

Paresh Kantilal Chohan

Claimant

Prakash Dhanji Patel

Defendant

Procedural Posture

Civil / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the defendant should be ordered to attend cross-examination regarding compliance with a freezing order and disclosure obligations
  2. 2 Whether further documentary disclosure should be ordered to police the freezing order
  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 and failure to provide documentary evidence as required by the freezing order, and the need to police the order and enable enforcement of the judgment, it is appropriate to order cross-examination and further documentary disclosure. Privilege against self-incrimination does not prevent such orders, but the use of transcripts is limited to policing the freezing order.

Court Disposition

application granted in part

Orders

  • Order for cross-examination of the defendant regarding compliance with the freezing order and disclosure obligations.
  • Order for disclosure of all Barclays Bank statements into which pension drawdowns were paid from 27 June 2019 to present, and any other accounts into which pension funds were paid for the same period.