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Practice – Pre-trial or post-judgment relief. The defendant sought the discharge of a freezing injunction made against the background of proceedings alleging fraudulent and dishonest breaches of his duty. He contended that there was no real risk that he would dissipate his assets and that the claimant had failed to make full disclosure when applying for the freezing order without notice. The Queen's Bench Division, in dismissing the application, held that there was an inference of a risk that the defendant would dissipate his assets and that the omissions in disclosure were not sufficiently serious to lead to the discharge of the freezing order.
Practice – Pre-trial or post-judgment relief. The defendant sought the discharge of a freezing injunction made against the background of proceedings alleging fraudulent and dishonest breaches of his duty. He contended that there was no real risk that he would dissipate his assets and that the claimant had failed to make full disclosure when applying for the freezing order without notice. The Queen's Bench Division, in dismissing the application, held that there was an inference of a risk that the defendant would dissipate his assets and that the omissions in disclosure were not sufficiently serious to lead to the discharge of the freezing order.
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