Carlo Taczalski successfully resists short notice freezing injunction: IBMG Ltd and others v McKeon, Williams and others
Carlo Taczalski acted for the Second to Fourth Defendants in their opposition to an on-notice application for a freezing injunction. It was alleged by the Claimant group of companies that the Second to Fourth Defendants had conspired with one of the Claimants’ senior employees to obtain in the region of £1million of building materials without paying for them.
Sir Anthony Mann, sitting as a High Court Judge in the Chancery Division accepted D2 – 4’s argument that the case against them was very poorly particularised and evidenced, and although it crossed the threshold of a good arguable case for the purposes of the hearing in certain respects, the nature of the possible dishonesty demonstrated by the Claimants was not such as to justify any inference that Carlo’s clients were at risk of dissipating assets. Moreover, there was positive evidence that the Defendants were not likely to dissipate their assets – not least the fact that this was a rare ‘on notice’ application, and there was no evidence that they had acted to dissipate their assets.
