Caley Wright succeeds in release of funds subject to proprietary injunctions
Caley Wright appeared on behalf of two of the defendants to a substantial fraud claim, successfully applying to release funds subject to proprietary injunctions to pay for legal expenses.
The judgment is notable in that it contains a substantial review of: (i) the principles applicable to the use of funds by defendants subject to proprietary injunctions and the test in Marino v FM Capital Partners Limited [2016] EWCA Civ 1301; and (ii) the requirement to establish a change of circumstances where the proprietary injunction was entered into by consent.
Judgment can be viewed here.