GFH Capital Limited v David Lawrence Haigh [2014] DIFC CFI 020 (25 March 2015)

GFH Capital Limited v David Lawrence Haigh [2014] DIFC CFI 020 (25 March 2015)

The Defendant failed to demonstrate that he lacks access to other assets or funding sources, failed to provide credible evidence of his expenses, and has engaged in conduct undermining his credibility. The sums sought for legal and living expenses are excessive and unsupported. The only justified variation is a minor increase in living expenses while in custody to US$750 per week. All other applications are dismissed.

Citation
[2014] DIFC CFI 020
Parties
Claimant: GFH Capital Limited; Defendant: David Lawrence Haigh
Jurisdiction
United Arab Emirates
Judgment Date
25 March 2015
Procedural Posture
Application to Vary Freezing Order / Ruling on Application to Vary Freezing Order
Outcome
Application dismissed save for minor increase in living expenses
Legal Topics
Freezing Orders, Proprietary Claims, Legal Expenses, Variation of Court Orders, Search Orders
Civil Procedure Asset Freezing Injunctions Freezing Orders Proprietary Claims Legal Expenses Variation of Court Orders Search Orders

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Parties

GFH Capital Limited

Claimant

David Lawrence Haigh

Defendant

Procedural Posture

Application to Vary Freezing Order / Ruling on Application to Vary Freezing Order

Legal Issues

  1. 1 Whether the Defendant should be permitted to vary the freezing order to increase living expenses and legal costs
  2. 2 Whether the Defendant should be permitted to sell certain assets or pay debts from frozen funds
  3. 3 Whether the Defendant has access to other assets or funding sources

Ratio Decidendi

The Defendant failed to demonstrate that he lacks access to other assets or funding sources, failed to provide credible evidence of his expenses, and has engaged in conduct undermining his credibility. The sums sought for legal and living expenses are excessive and unsupported. The only justified variation is a minor increase in living expenses while in custody to US$750 per week. All other applications are dismissed.

Court Disposition

Application dismissed save for minor increase in living expenses

Orders

  • Living expenses while in custody increased to US$750 per week
  • All other variations to the freezing order refused