Campbell v Campbell

Campbell v Campbell

A freezing injunction is warranted because Richard Campbell has a good arguable case for substantial sums due, Robert Campbell's only substantial asset is his Longton shares, and there is a real risk of dissipation based on Robert's past breaches and intent to transfer proceeds overseas, which may frustrate satisfaction of judgment.

Parties
Claimant: Richard Andrew Campbell; Defendant: Robert Campbell
Jurisdiction
England and Wales
Judgment Date
03 November 2017
Procedural Posture
Application for Freezing Injunction / Judgment on Application
Outcome
Freezing injunction granted over Robert Campbell's beneficial interest in Longton Holdings Limited shares and their proceeds, precise terms to be settled.
Legal Topics
Freezing Injunctions, Asset Dissipation, Partnership Dissolution, Interim Relief
Civil Procedure Equity Partnership Law Freezing Injunctions Asset Dissipation Partnership Dissolution Interim Relief

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Parties

Richard Andrew Campbell

Claimant

Robert Campbell

Defendant

Procedural Posture

Application for Freezing Injunction / Judgment on Application

Legal Issues

  1. 1 Whether a freezing injunction should be granted over Robert Campbell's beneficial interest in Longton Holdings Limited shares
  2. 2 Whether there is a real risk of dissipation of assets such that a judgment in Richard Campbell's favour may go unsatisfied
  3. 3 Whether the injunction should cover anticipated costs orders in both domestic and Jersey proceedings

Ratio Decidendi

A freezing injunction is warranted because Richard Campbell has a good arguable case for substantial sums due, Robert Campbell's only substantial asset is his Longton shares, and there is a real risk of dissipation based on Robert's past breaches and intent to transfer proceeds overseas, which may frustrate satisfaction of judgment.

Court Disposition

Freezing injunction granted over Robert Campbell's beneficial interest in Longton Holdings Limited shares and their proceeds, precise terms to be settled.

Orders

  • Freezing injunction to cover anticipated equalisation payment and costs orders, including Jersey costs.
  • Minimum constraints to be imposed to fully protect risks identified by the court.