Case Alert - [2018] EWHC 1084 (Comm)
Court finds risk of dissipation in a freezing order application
and considers material non-disclosure point
The judge in this case found that a risk of dissipation had been
made out on the facts in an application for a freezing order. In
particular, the respondent's lengthy delays in appealing a
judgment against him in India were suggestive of a wish to avoid or
delay as long as possible the satisfaction of his obligations. It
was also relevant that he had been held to be in contempt of court
on two counts by the Supreme Court of India, and his departure from
India, coupled with a resistance to India's application to
extradite him, provided some grounds for regarding him as a
fugitive from justice. Those factors evidenced a risk of
dissipation and "in those circumstances it is reasonable also
to take into account the complexity of the structures used by [the
respondent] for the holding of assets, which would be likely
