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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9069
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There was a case in Gibraltar which imposed an freezing of

Customer Question

There was a case in Gibraltar which imposed an freezing of all assets of all of the Directors. (My son who was a director and resigned in 2012 because of concerns relating to an investment made by the two main directors (who were also investment managers) have won the case against them in that the Judge turned down all appeals by the claimants who were adminstrators of the fund. The Gibraltarian lawyers of the defendants (all of whom reside in Gibraltar) have emailed my son to advise today that the injunction against him still stands, even though he never ever made any profit from being a Director of the fund was not paid any fees and resigned after a meeting of the Directors on the 19/2/12 in which he raised concerns regarding the investment that was being proposed and which was the subject of the Court proceedings. My question is if they the main players have all now been exonerated and the appeal thrown out, how can my son still have this injunction and freezing of his assets. The lawyers in Gibraltar led my son to believe that he was defending all of the defendants including him, but this now turns out not to have been the case.
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Was your son subject to an interim freezing order? Did the order contain an indemnity in favour of your son? Does the freezing order have a return date?

Customer: replied 1 year ago.
Hello Alex, I don't know the answers to your questions, but I will clarify and come back to you.MS
Customer: replied 1 year ago.
Hello AJThe injunction was an ex-parte injunction. Is that any help?RegsMS
Customer: replied 1 year ago.
an exparte freezing order.
Customer: replied 1 year ago.
Hi are you still dealing with my query please?
Expert:  Alex J. replied 1 year ago.

Hi thank you. Was the injunction made with or without notice? Do you have a copy of the freezing order you can post onto this link? If your son successfully defended the cause of action to which the freezing order relates then the freezing order should no longer be relevant - has he applied for a return date on the freezing injunction?

Customer: replied 1 year ago.
Dear AlexI do apologise but we have had to engage a Gibraltarian lawyer and will now not need your assistance. Kindly confirm that I will not be charged as no advice has been exchanged due to lack of information and knowledge of the issue on my part.Thanks and regardsMJary Stark
Expert:  Alex J. replied 1 year ago.

No problem. I wish you the best of luck.

Kind regards

AJ

Customer: replied 1 year ago.
Thanks AJ.