England and Wales Case Law

Patrick Hughes v Martin Bellamy & Ors

Given the recent undisclosed sale of assets by the third defendant, the lack of disclosure to the claimant, and the ongoing factual disputes in the Isle of Man unfair prejudice proceedings, there is sufficient risk of dissipation to justify a short-term injunction to preserve the assets of the second and third defendants until the return date. The American Cyanamid test is satisfied, and, if necessary, the freezing order test is also met on the facts.

Source excerpt

• Interim injunctions
• Unfair prejudice
• Asset preservation
• Jurisdictional support

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Brightwaters Energy Limited v Eroton Exploration and Production Company Limited

It is just and convenient to appoint receivers by way of equitable execution over the oil revenues due to Eroton under the Shell contract to enforce the registered Nigerian judgment. There is a reasonable prospect that the receivership will assist enforcement, the existence of prior charges does not preclude the appointment, there is sufficient connection with England, and no material non-disclosure or procedural irregularity justifies refusing the order.

Source excerpt

• Receivership
• Equitable execution
• Judgment enforcement
• Cross-border enforcement
• Asset preservation

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Brightwaters Energy Ltd v Eroton Exploration and Production Company Ltd (Rev1)

Brightwaters Energy Ltd v Eroton Exploration and Production Company Ltd (Rev1) [2026] EWHC 296 (Comm) (17 February 2026)

The Commercial Court appointed receivers over oil revenues due to Eroton to aid enforcement of a registered Nigerian judgment in favour of Brightwaters.

• Receivership
• Equitable execution
• Judgment enforcement
• Cross-border enforcement
• Secured creditors
• Asset preservation

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Hughes v Bellamy & Ors

Hughes v Bellamy & Ors [2026] EWHC 237 (Ch) (15 January 2026)

The High Court granted a short interim injunction preserving the assets of two companies pending an Isle of Man unfair prejudice dispute.

• Unfair prejudice
• Interim injunction
• Asset preservation
• Freezing order
• Shareholder dispute
• Interim-injunction

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Dr Zeyn Bharucha v Dr Riyaz Patel & Anor

Partnership dispute between dentists over alleged misappropriation, with the court staying the claims for arbitration and discharging freezing and proprietary injunctions for non-disclosure.

• Freezing injunctions
• Asset preservation
• Arbitration stay
• Material non-disclosure
• Partnership disputes
• Jurisdiction under arbitration act s.44

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Ed Thomas & Anor v Adam Jones & Anor

John Jones made the £3m gifts to Adam Jones with the purpose of putting assets beyond the reach of Mr Hamilton and prejudicing his interests, satisfying s.423 Insolvency Act 1986. The trustees' claim succeeds as to the gifts but fails as to the miscellaneous payments, which were not shown to have the prohibited purpose.

Source excerpt

• Transactions at undervalue
• Transactions defrauding creditors
• Freezing orders
• Bankruptcy
• Asset preservation

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JSC Commercial Bank PrivatBank v Kolomoisky & Ors

JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2025] EWHC 50 (Ch) (15 January 2025)

The High Court ordered Mr Bogolyubov to take reasonable steps to restore dissolved BVI companies to the register and to pay the full restoration fees. Indemnity costs were awarded.

• Freezing injunctions
• Restoration of dissolved companies
• Asset preservation
• Costs assessment
• Indemnity costs
• Freezing-injunctions

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Jones v Hamilton (Rev1)

Jones v Hamilton (Rev1) [2023] EWHC 1216 (Ch) (24 May 2023)

The High Court found Mr Jones in contempt for several breaches of a 2017 freezing order, including payments from frozen company funds, while rejecting other allegations.

• Contempt of court
• Freezing orders
• Undertakings
• Asset preservation
• False statements
• Bankruptcy

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GFH Capital Limited v David Lawrence Haigh & Ors.

The Commercial Court held that a 2014 freezing order had expired on its own terms when the DIFC claim was finally disposed of on 4 July 2018.

• Freezing injunction
• Discharge of injunction
• Asset preservation
• Freezing-injunction
• Discharge-of-injunction
• Commercial-court

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GFH Capita Ltd v Haigh & Ors

GFH Capita Ltd v Haigh & Ors [2022] EWHC 3110 (Comm) (11 November 2022)

The High Court held that a 2014 freezing order had expired on its own terms when the underlying DIFC claim was finally determined in July 2018.

• Freezing injunctions
• Discharge of injunctions
• Jurisdictional issues
• Asset preservation
• Freezing-injunctions
• Discharge-of-injunctions

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