Haederle v Thomas

The Freezing Order was materially unclear and uncertain in its application to non-English assets due to the omission of a specified value in paragraph 7(2). Therefore, Mr Thomas cannot be placed at risk of committal or fine for dealings with his non-English assets based on this deficient order.

Parties: Applicant: Thomas Haederle; Respondent: Dierk Thomas
Jurisdiction: England and Wales
Judgment Date: 22 July 2016
Procedural Posture: Committal Proceedings / Ruling on Preliminary Issue at Pre Trial Review
Outcome: Preliminary issue determined in favour of the respondent (Mr Thomas).
Legal Topics: Freezing Orders, Contempt of Court, Unfair Prejudice, Asset Protection

Company Law Civil Procedure Freezing Orders Contempt of Court Unfair Prejudice Asset Protection

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 6

Parties

Thomas Haederle

Applicant

Dierk Thomas

Respondent

Procedural Posture

Committal Proceedings / Ruling on Preliminary Issue at Pre Trial Review

Legal Issues

1 Whether an uncorrected omission in the Freezing Order invalidates committal grounds relating to non-English assets
2 Whether the Freezing Order is sufficiently clear and precise to support committal for breaches involving assets outside England and Wales

Ratio Decidendi

Court Disposition

Preliminary issue determined in favour of the respondent (Mr Thomas).

Orders

Committal proceedings cannot proceed in respect of alleged breaches involving non-English assets under the current Freezing Order.