Full and Frank Disclosure
Full and Frank Disclosure
I am satisfied that the Applicant has complied with his duty of full and frank disclosure. He has acknowledged that the money transferred to the Respondents could potentially be legitimate income from China, although he submits that this is unlikely given the transfer methods and Chinese money transfer restrictions. The Applicant does not have access to the Respondents’ financial records outside of the jurisdiction, particularly in China. I have considered the potential counterarguments, but they do not, at this stage, diminish the strength of the Applicant’s good arguable case given the highly suspicious nature of the transactions relied on.
- Heading
- Introduction
- Background to the Case
- Declared Income of the Respondents
- Financial Analysis: 2010 to 2018
- Financial Analysis: 2018 to 2024
- 26 The Holdings (“Asset 1”)
- 27 Meadow Croft (“Asset 2”)
- 6 Goldings Crescent (“Asset 3”)
- HBOS Savings Account ending 969 (“Asset 4”)
- Relevant Law
- Unlawful Conduct
- Recoverable Property
- Property Freezing Order (PFO)
- “A good arguable case”
- Proving Unlawful Conduct by Inference
- Risk of Dissipation
- Issues for Determination
- Analysis
- Without Notice Hearing and Risk of Dissipation
- Full and Frank Disclosure
- Conclusions
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