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notification injunctions – I have to tell you first

5 May 2016

In Mark Alan Holyoake & other v Nicholas Anthony Candy & 5 Ors [2016] EWHC, the court granted a notification injunction requiring the defendants to notify the claimants before disposing or dealing with their assets.

The claimants brought a claim for unlawful means of conspiracy, raising a number of serious allegations against the defendants. The claimants, being concerned that the defendants might dissipate their assets particularly in light of an unexplained transfer of property by the second defendant and the first defendant purchasing a yacht given his alleged financial circumstances, sought a notification injunction.

The court held that there was clearly a power under s.37 of the Senior Courts Act 1981 (SCA) to grant a notification injunction and clarified that the claimants had to show a good arguable case i.e. more than barely capable of serious argument but not necessarily better than 50% chance of success.

This case provides some much needed clarity on the ability of the court to grant notification injunctions under the SCA and confirms that in appropriate circumstances claimants are able to gain protection from the courts in relation to fears about the dissipation of assets by defendants.

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