Event and Time
Event Description
The case revolves around an application for a Mareva injunction sought by a plaintiff who has initiated personal injury proceedings against Geoffrey Croft, following his criminal conviction for serious sexual assault against her while she was a ward of the state.
Application and Claims
The plaintiff requests a freezing order against Geoffrey Croft and his wife, Sandra June Croft, to prevent them from disposing of assets that might be subject to a potential judgment in her favor. The plaintiff’s claims are based on the fear that Croft may attempt to render himself judgment proof by transferring assets to his wife without adequate consideration.
Judicial Decisions
- The judge directs the plaintiff to prepare a form of order reflecting the reasons given in the judgment.
- The matter is scheduled for a further mention or directions on 31 July 2020 to consider the continuation of the injunction.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims:
- Injunctive relief to freeze assets owned by Mr. Croft and his wife is necessary to ensure that if the plaintiff wins her case, she can collect damages. - Evidence indicates that Mr. Croft transferred property to Mrs. Croft out of a desire to protect these assets from plaintiff's claims. - The claim is supported by prior incidence of incapacity to claim assets due to transfers made to Mrs. Croft without valuable consideration.
- Defendants’ Arguments:
- Mr. Croft argues for his right to manage his assets and needs them for his criminal appeal and civil action. - There is no allegation of wrongdoing or complicity against Mrs. Croft regarding her husband's actions.
- Third Parties’ Input:
- The Court of Appeal and High Court decisions that clarify the conditions under which Mareva injunctions can be applied, particularly regarding third-party assets.