Campbell v Campbell [2017] EWHC 2747 (Ch) (03 November 2017)

Campbell v Campbell [2017] EWHC 2747 (Ch) (03 November 2017)

A freezing injunction is warranted over Robert Campbell's beneficial interest in the Longton shares and their proceeds because Richard Campbell has a good arguable case for a substantial claim, Robert's only substantial asset is the Longton shares, and there is a real risk of dissipation based on Robert's past conduct in placing partnership assets beyond Richard's reach, his intention to transfer proceeds overseas, and the lack of evidence that such transfers would be in the ordinary course of business or living. The risk of dissipation is sufficient to justify the injunction to protect the anticipated judgment and costs orders in both domestic and Jersey proceedings.

Citation
[2017] EWHC 2747 (Ch)
Parties
Claimant: Richard Andrew Campbell; Defendant: Robert Campbell
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Freezing Injunction Application Within Partnership Dissolution Proceedings / Interlocutory Application for Freezing Injunction
Outcome
Freezing injunction granted (precise terms to be settled)
Legal Topics
Freezing Injunctions, Risk of Dissipation, Partnership Dissolution, Asset Protection, Jurisdiction for Interim Relief
Civil Procedure Partnership Law Injunctions Freezing Injunctions Risk of Dissipation Partnership Dissolution Asset Protection Jurisdiction for Interim Relief

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Parties

Richard Andrew Campbell

Claimant

Robert Campbell

Defendant

Procedural Posture

Freezing Injunction Application Within Partnership Dissolution Proceedings / Interlocutory Application for Freezing Injunction

Legal Issues

  1. 1 Whether a freezing injunction should be granted over Robert Campbell's beneficial interest in Longton Holdings Limited shares and their proceeds to protect anticipated entitlements of Richard Campbell in partnership dissolution and related costs orders, including those arising from Jersey proceedings
  2. 2 Whether there is a real risk of dissipation of assets by Robert Campbell such that a judgment in Richard Campbell's favour would go unsatisfied

Ratio Decidendi

A freezing injunction is warranted over Robert Campbell's beneficial interest in the Longton shares and their proceeds because Richard Campbell has a good arguable case for a substantial claim, Robert's only substantial asset is the Longton shares, and there is a real risk of dissipation based on Robert's past conduct in placing partnership assets beyond Richard's reach, his intention to transfer proceeds overseas, and the lack of evidence that such transfers would be in the ordinary course of business or living. The risk of dissipation is sufficient to justify the injunction to protect the anticipated judgment and costs orders in both domestic and Jersey proceedings.

Court Disposition

Freezing injunction granted (precise terms to be settled)

Orders

  • Freezing injunction over Robert Campbell's beneficial interest in 50 shares in Longton Holdings Limited and their proceeds, to the value of £11,500,000, pending further order of the court.