Lowry Trading Limited & Anor v Musicalize Ltd & Ors (No 2)
[2024] EWHC 773 (Comm)
Paresh Kantilal Chohan v Prakash Dhanji Patel
16 October 2023
[2023] EWHC 2907 (Ch)
High Court
Two former solicitor partners had a dispute, and a court order required one to pay the other money. He didn't pay, so a court froze his pension. He didn't fully explain what he did with the money from his pension, so the judge ordered him to be questioned under oath and to provide more financial records to see where the money went.
Key Facts
- •Claimant (Chohan) and Defendant (Patel) were former solicitor partners.
- •A consent order dated 9 June 2023 required Patel to pay Chohan £285,000 and £385,000 in costs by specific dates.
- •Patel failed to make the payments, citing issues with accessing his pension fund.
- •A freezing order was granted against Patel's pension fund.
- •Patel's affidavit regarding the pension fund's disbursement was deemed insufficient.
- •Chohan applied for Patel's cross-examination to enforce the freezing order.
Legal Principles
Principles for ordering cross-examination in relation to freezing orders.
JSC Commercial Bank Privatbank v Kolomoisky [2021] EWHC 403 (Ch)
Privilege against self-incrimination.
Memory Corps v Sidhu [2000] Ch 645
Outcomes
Ordered cross-examination of the defendant.
Necessary to police the freezing order due to defendant's non-cooperation and insufficient information provided.
Ordered disclosure of bank statements for the relevant period.
Essential for effective cross-examination and to ascertain the use of pension funds.
Rejected disclosure of defendant's earnings.
Not necessary for policing the freezing order.
Ordered disclosure of documents evidencing pension drawings and dispositions.
To clarify the defendant's actions with the pension funds.
Limited the use of cross-examination transcript.
To balance the need for information with the defendant's right against self-incrimination.
Deferred decision on vacating cross-examination if the sums due are paid.
To allow consideration of outstanding receiver and manager costs.
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