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 Insights
Latest News
Latest Events
legal updates July 27, 2026 Ireland’s Presidency of the Council of the European Union legal updates July 27, 2026 EU adopts its 21st sanctions package against Russia and Belarus legal updates July 24, 2026 Global payment matters - July 2026 legal updates July 23, 2026 Key update on miscarriage leave in Ireland client news July 24, 2026 Advising Johnson Matthey on completion of the sale of its Catalyst Technolo... client news July 10, 2026 Setting sail: Eversheds Sutherland advises senior management of D-Marin on ... firm news July 10, 2026 Eversheds Sutherland advises OCBC on the landmark secondary dual listing of... client news July 09, 2026 Eversheds Sutherland advises Costello Medical on transition to employee own... 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 in-person 2026 BDC Roundtable September 23, 2026 Washington DC, United States |