Advice provided to an individual within the construction sector in relation to concerns of diversion of money by a joint venture partner and fellow shareholder. The client did not have access to the bank records of the companies that were said to be part of the joint venture. He needed that information to demonstrate that the Defendant had been misappropriating and diverting assets away from the companies.
Advice was given to seek non-party disclosure from the banks hosting the accounts of the companies. The bank statements revealed the extent of the alleged diversion of monies and assets of the joint venture companies. Using this information, the client then proceeded to construct the allegations in his case leading to successfully obtaining a freezing injunction for £650,000. This gave the client the protection he needed to pursue his claim given concerns that the Defendant would move assets to evade judgment.
At a later stage, the Defendant attempted to vary the freezing injunction to use his main asset to defend the litigation. That application was defeated in the High Court and the client was awarded his costs which increased the pressure on the Defendant.