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
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