CR-2024-000675 - [2025] EWHC 2069 (Ch)

Fecha: 04-Ago-2025

DISCLOSURE ORDER

DISCLOSURE ORDER

84.

The Liquidators seek a disclosure order against both Respondents to give teeth to the injunctive relief.

85.

Counsel cited the discussion in PSJC Commercial Bank Privatbank v Kolomoisky & Ors [2018] EWHC 482 (Ch) of the relevant principles at [33]:

The purpose of the asset disclosure order is ancillary to the freezing order – i.e. to “give[s] the teeth which are critical to a freezing order”.

ii)

An asset disclosure order should only be made for the purpose of policing the injunction, and not for the purpose of enabling a claimant to investigate issues in the substantive claim.

iii)

The fact that information may be confidential is not a reason to withhold the disclosure.

86.

Counsel also cited a passage from Gee (Commercial Injunctions 7^th Edn, at 23-006) which suggests that the legitimate purposes of such an order include the following:

“It enables the claimant to consider whether further steps should be taken to preserve or safeguard the assets which are within the scope of the injunction, and whether there are other assets which should be made the subject of an application for freezing relief, whether in England or abroad, or brought specifically within the terms of the existing relief, for example, assets recently acquired or receivables.”