Raja v Van Hoogstraten and others: ChD 5 Apr 2006

Application to discharge asset freezing order.
Held: The defendant had displayed a readiness to do what was necessary to avoid compliance with court orders. The application (and others) were dismissed.

Judges:

Lightman J

Citations:

[2006] EWHC 998 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedIraqi Ministry of Defence and Others v Arcepey Shipping Co SA, The Angel Bell 1980
The court considered whether a defendant should be allowed to pay his debts as they fell due despite an asset freezing order.
Held: The Mareva jurisdiction should not ‘improve the position of claimants’. Rather, it should prevent the injustice . .
CitedHalifax Plc v Chandler CA 13-Nov-2001
The claimant had sought payment of a substantial shortfall debt from the defendant after repossessing and selling the defendant’s home. It compromised that debt, and was paid, but now sought to re-open the compromise on the basis of an alleged . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 01 October 2022; Ref: scu.241547