Giles Bedloe, instructed by Rebecca Roberts of Dean Wilson LLP, has obtained an ex parte freezing injunction in a High Court construction dispute.
The injunction was ordered to continue at the return date. The Court was concerned about the risk of asset dissipation, two residential properties being on the market and recently marked as SSTC despite the limitations placed on property transactions by lockdown, social distancing and other Coronavirus measures. The current environment is a challenging one in which to obtain evidence and comply with formal requirements of the process such as swearing affidavits and producing evidence for the court in compliant format. Remote hearings complicate a process with which litigants are well familiar when physically attending court. Applicants must remain vigilant in ex parte applications to draw potential defences to the court’s attention, highlighting evidence upon which the respondents might rely in resisting the application.
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