Snell -v- Beadle 7-Nov-2006 [2006] JRC 157A (07 November 2006)

The injunction restraining assets lapsed on 1 January 2005. The court accepts the defendants' undertaking to retain five properties and £300,000 paid into court as sufficient security, allowing release of the Viberts' client account funds, as this balance protects the plaintiff's interests without unnecessary restraint.

Citation: [2006] JRC 157A
Parties: Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction: Jersey
Judgment Date: 07 November 2006
Procedural Posture: Injunction/summons / Post Judgment, Pending Appeal
Outcome: Injunction lapsed; court accepts defendants' undertaking as to security for claim.
Legal Topics: Asset Restraint, Security for Judgment, Undertakings, Appeal Procedure

Civil Procedure Injunctions Asset Restraint Security for Judgment Undertakings Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 9

Parties

Plaintiff

Defendants

Defendant

Procedural Posture

Injunction/summons / Post Judgment, Pending Appeal

Legal Issues

1 Whether the injunction restraining defendants' assets should continue pending appeal
2 Whether the security offered by the defendants is sufficient to protect the plaintiff's interests

Ratio Decidendi

Court Disposition

Injunction lapsed; court accepts defendants' undertaking as to security for claim.

Orders

Defendants to retain five properties and £300,000 paid into court as security.
Defendants permitted to use funds in Viberts' client account for legal fees and expenses.