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CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

CFI 020/2014 GFH Capital Limited v David Lawrence Haigh

June 12, 2014

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Claim No: CFI 020/2014

THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS


IN THE COURT OF FIRST INSTANCE


BEFORE THE DEPUTY CHIEF JUSTICE SIR JOHN CHADWICK

BETWEEN

GFH CAPITAL LIMITED

Applicant

and

DAVID LAWRENCE HAIGH

Respondent


FREEZING ORDER


PENAL NOTICE

IF YOU DAVID LAWRENCE HAIGH DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE YOUR ASSETS SEIZED.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO BREACH THE TERMS OF THIS ORDER MAY ALSO BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.

THIS ORDER

1. This is a Freezing Order made against David Lawrence Haigh (‘the Defendant’) on 3 June 2014 by the Deputy Chief Justice Sir John Chadwick on the application of GFH Capital Limited (‘the Claimant’). The Judge read the Affidavits listed in Schedule A and accepted the undertakings set out in Schedule B at the end of this Order.
2. This order was made ex parte but at a hearing of which the Defendant had notice and was represented. The Defendant has a right to apply to the Court to vary or discharge the order — see paragraph 11 below.

FREEZING ORDER

3. Until the 17th June 2014 (“the Return Date“) or a further order of the Court, the Defendant must not:
(1) remove from the DIFC any of his assets which are in the DIFC up to the value of US$ 5 million (the “Amount“); or
(2) in any way dispose of, deal with or diminish the value of any of his assets whether they are in or outside the DIFC up to the same value.
4. Paragraph 3 applies to all the Defendant’s assets whether or not they are in his own name and whether they are solely or jointly owned. For the purpose of this order the Defendant’s assets include any asset which he has the power, directly or indirectly, to dispose of or deal with as if it were his own. The Defendant is to be regarded as having such power if a third party holds or controls the asset in accordance with his direct or indirect instructions.
5. This prohibition includes the following assets in particular:
(1) the property known as Dubai/Al Sahab 1, Apartment 1903, Dubai, or the net sale money after payment of any mortgages if it has been sold;
(2) any money in bank account number 035-360486-131 held at HSBC Bank, PO Box 66, Dubai, in the name of “Lincoln Associates”, or such other name as may be applicable;
(3) any money in bank account number 090-073321-050 held at HSBC Bank, PO Box 66, Dubai, in the name of “Lincoln Associates”, or such other name as may be applicable;
(4) any money held in bank account number 860852512, sort code 60-17-11, held at Natwest, Putney Branch, United Kingdom, in the name “Millnet Limited”, or such other name as may be applicable;
(5) any money held in bank account number 0503675, sort code 08-93,00, held at Cooperative Bank, 1 Balloon Street, Manchester, United Kingdom, in the name “GPW + Co Ltd”, or such other name as may be applicable;
(6) any money held in the bank account held at Cooperative Bank with IBAN: GB71 CPBK 0891 0304 2677 71 in the name “David Murray”, or such other name as may be appropriate; and
(7) any money in the bank account held at HSBC Bank Middle East Limited with account number 035360486001 and IBAN AE060200000035360486001 in the name “David Lawrence Haigh”, or such other name as may be appropriate.
6.
(1) If the total value free of charges or other securities (‘unencumbered value’) of the Defendant’s assets in the DIFC exceeds the Amount, the Defendant may remove any of those assets from the DIFC or may dispose of or deal with them so long as the total unencumbered value of the Defendant’s assets still in the DIFC remains above the Amount.
(2) If the total unencumbered value of the Defendant’s assets in the DIFC does not exceed the Amount, the Defendant must not remove any of those assets from the DIFC and must not dispose of or deal with any of them. If the Defendant has other assets outside the DIFC, he may dispose of or deal with those assets outside the DIFC so long as the total unencumbered value of all his assets whether in or outside the remains above the Amount.

PROVISION OF INFORMATION

7.
(1) Unless paragraph (2) applies, the Defendant must as soon as he is reasonably able to do so after service of this order and to the best of his ability inform the Claimant’s legal representatives of all his assets worldwide exceeding US$100,000 in value whether in his own name or not and whether solely or jointly owned, giving the value, location and details of all such assets.
(2) If the provision of any of this information is likely to incriminate the Defendant, he may be entitled to refuse to provide it, but is recommended to take legal advice before refusing to provide the information. Wrongful refusal to provide the information is contempt of court and may render the Defendant liable to be imprisoned, fined or have his assets seized.
8. The Defendant must, as soon as he is reasonably able to do so, swear and serve on the Claimant’s legal representatives an affidavit setting out the above information.

EXCEPTIONS TO THIS ORDER

9. Exceptions
(1) This order does not prohibit the Defendant from spending US$2,050 a month towards his ordinary living expenses if not in custody, and also a reasonable sum on legal advice and representation. But before spending any money the Defendant must tell the Claimant’s legal representatives where the money is to come from.
(2) This order does not prohibit the Defendant from dealing with or disposing of any of his assets in the ordinary and proper course of business.
(3) The Defendant may agree with the Claimant’s legal representatives that the above spending limits should be increased or that this order should be varied in any other respect, but any agreement must be in writing.
(4) The order will cease to have effect if the Defendant:
(a) provides security by paying the Amount into Court, to be held to the order of the Court; or
(b) makes provision for security in that sum by another method agreed with the Claimant’s legal representatives.

COSTS

10. Costs shall be reserved to the judge hearing the matter on the Return Date.

 

VARIATION OR DISCHARGE OF THIS ORDER

11. Anyone served with or notified of this order may apply to the Court at any time to vary or discharge this order (or so much of it as affects that person), but they must first inform the Claimant’s legal representatives. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s legal representatives in advance.

INTERPRETATION OF THIS ORDER

12. In so far as the Defendant is ordered not to do something he must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

PARTIES OTHER THAN THE APPLICANT AND RESPONDENT

Effect of this order

13. It is a contempt of court for any person notified of this order knowingly to assist in or permit a breach of this order. Any person doing so may be imprisoned, fined or have their assets seized.

Set-off by banks

14. This injunction does not prevent any bank from exercising any right of set off it may have in respect of any facility which it gave to the respondent before it was notified of this order.

Withdrawals by the Defendant

15. No bank need enquire as to the application or proposed application of any money withdrawn by the Defendant if the withdrawal appears to be permitted by this order.

Persons outside the jurisdiction of the DIFC courts

16. Persons outside the jurisdiction of the DIFC courts
(1) Except as provided in paragraph (2) below, the terms of this order do not affect or concern anyone outside the jurisdiction of this court.
(2) The terms of this order will affect the following persons in a country or state (or part of a state) outside the jurisdiction of this court:
(a) the Defendant or his officer or agent appointed by power of attorney;
(b) any person who:
(i) is subject to the jurisdiction of this court;
(ii) has been given written notice of this order at his residence or place of business within the jurisdiction of this court; and
(iii) is able to prevent acts or omissions outside the jurisdiction of this court which constitute or assist in a breach of the terms of this order; and
(c) any other person, only to the extent that this order is declared enforceable by or is enforced by a court in that country or state (or part of that state).

Assets located outside the jurisdiction of the DIFC courts

17. Nothing in this order shall, in respect of assets located outside the jurisdiction of the DIFC courts, prevent any third party from complying with:
(1) what it reasonably believes to be its obligations, contractual or otherwise, under the laws and obligations of the country or state in which those assets are situated or under the proper law of any contract between itself and the Defendant; and
(2) any orders of the courts of that country or state, provided that reasonable notice of any application for such an order is given to the Claimant’s legal representatives.
18.
(1) Subject to paragraph (2), the Claimant shall not, without the permission of the Court, seek to enforce this order in any jurisdiction outside of the DIFC or seek an order of a similar nature including orders conferring a charge or other security against the Defendant or the Defendant’s asset;
(2) Paragraph (1) shall not apply to enforcement of this order in the Emirate of Dubai or in England and Wales or in the British Virgin Islands.

COMMUNICATIONS WITH THE COURT

All communications to the Court about this order should be sent to:

Ground Floor, Building 4, Gate District, DIFC, UAE
Telephone: +971 4 427 3333
Fax: +971 4 273 330
Email: registry@difccourts.ae

The offices are open between 10am to 5pm, Sunday to Thursday (excluding Public Holidays)


SCHEDULE A

AFFIDAVITS

The Applicant relied on the following affidavits—

[name] [number of affidavit] [date sworn] [filed on behalf of]

(1) Jinesh Patel, First Affidavit, 26 May 2014, Claimant

(2) James Sinclair, First Affidavit, 15 May 2014, Claimant

(3) Emma Kettleton, First Affidavit, 23 May 2014, Claimant

(4) Mark Taylor, First Affidavit, 23 May 2014, Claimant

(5) Nicholas Bortman, First Affidavit, 2 June 2014, Claimant

(6) Philip Rocher, First Affidavit, 2 June 2014, Claimant

(7) Tiernan Fitzgibbon, First Affidavit, 2 June 2014, Claimant

And also on the information to be provided by way of exhibit to the further affidavit to be sworn by Jinesh Patel


SCHEDULE B

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1) If the Court later finds that this order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Claimant will comply with any order the Court may make.
(2) The Claimant shall forthwith file and serve a further affidavit from Mr Jinesh Patel (i) exhibiting documents evidencing the specific address of the Defendant’s property in Dubai; and (ii) speaking to the net assets of the Claimant.
(3) Anyone notified of this order will be given a copy of it by the Claimant’s legal representatives.
(4) The Claimant will pay the reasonable costs of anyone other than the Defendant which have been incurred as a result of this order including the costs of finding out whether that person holds any of the Defendant’s assets and if the Court later finds that this order has caused such person loss, and decides that such person should be compensated for that loss, the Claimant will comply with any order the Court may make.
(5) If this order ceases to have effect (for example, if the Defendant provides security) the Claimant will immediately take all reasonable steps to inform in writing anyone to whom he has given notice of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.
(6) The Claimant will not without the permission of the Court use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in the DIFC or in any other jurisdiction, other than this claim.

NAME AND ADDRESS OF APPLICANT’S LEGAL REPRESENTATIVES

The Applicant’s legal representatives are:

Peter Gray
Gibson, Dunn & Crutcher LLP
Building 5, Level 4
Dubai International Financial Centre
P.O. Box 506654, Dubai, UAE
Tel: +971 4 704 6805
Mobile: +971 503 513 247
Fax: +971 4 370 0388
PGray@gibsondunn.com

Issued by:
Mark Beer
Registrar
Date of Issue: 12 June 2014
AT: 5pm

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