Freezing orders (Chabra): High Court discharges WFO for lack of jurisdiction despite strong underlying case (England & Wales)
February 04, 2026
Freezing orders (Chabra): High Court discharges WFO for lack of jurisdiction despite strong underlying case (England & Wales)February 04, 2026 Gilbert v Broadoak Private Finance Ltd [2026] EWHC 153 (KB) Key Takeaways
Facts of the CaseThe claimants (“Cs”) were investors in an English property finance company (“D”). D was directed by a third party (“3P”); C1 held a minority share but said he had been excluded from management since 2019. Between 2017 and 2019, Cs loaned funds to D. D defaulted, and after a largely uncontested process Cs obtained a judgment against D for approximately £4.2m. Enforcement recovered around £600,000, leaving a substantial shortfall. Cs’ investigations, including bank disclosure orders, revealed that D had received around £7m which was unaccounted for and that large sums were transferred from D to 3P, his estranged wife, and to a Spanish company she administered (the wife and her company being “Rs”). Cs alleged that Rs received substantial payments from D with no legitimate purpose, including money used to purchase high-value cars and a Dubai villa. Cs sought a worldwide freezing order (WFO) against Rs under the Chabra jurisdiction, arguing those assets would ultimately be available to satisfy the judgment against D. The WFO was granted without notice on 4 August 2025. It was served in Spain with permission for service out. On the return date, Rs applied to discharge the order for alleged non disclosure and lack of personal jurisdiction. The Decision
Latest InsightsLatest News
Latest Events
legal updates June 26, 2026 EU Tax Omnibus Proposal: Simplification of EU Direct Tax Framework legal updates June 25, 2026 UK: FCA consults on changes to its penalty and decision-making policies legal updates June 25, 2026 China: Counter-sanctions and EU due diligence obligations legal updates June 24, 2026 Commercially connected - June 2026 client news June 17, 2026 Advising Trane Technologies on the acquisition of Transport-Kälte-Vertrieb ... firm news June 15, 2026 Eversheds Sutherland continues European expansion with further strategic pa... client news June 09, 2026 Eversheds Sutherland powers 12 key deals for Gresham House Energy Storage F... client news June 04, 2026 Next stop, public ownership: Eversheds Sutherland advises DfT on GTR transi... virtual Energy Transition Series - Project Financing BESS: Comparing the UK market ... July 08, 2026 10:00 ET | 15:00 BST | 16:00 CET virtual UAE - Employment law in the Dubai International Financial Centre September 10, 2026 9.30am - 1.30pm (GMT) Virtual in-person Managing AI use in the workplace: what every UK HR team needs to know September 10, 2026 9.30am - 1.00pm (BST) London, United Kingdom in-person Basic foundations of US employment law September 17, 2026 9.30am - 4.30pm (GMT) London, United Kingdom |