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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have broken up with my partner because she is moving back

Customer Question

I have broken up with my partner because she is moving back to new zealand. The problem is she borrowed £4000 from me in 2014 and i paid for her half of an holiday which she says she would give me back that was £2000. She says she is not going to repay me and is flying home on the second of march so a small vlaims court is too long. She currently has all her furniture in storage to ship home so could i take out an injunction to stop her moving her furniture?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
What you are looking for here is a freezing injunction, which is an injunction to stop a party from disposing of its assets before judgment can be obtained and enforced. The court has the discretion to grant a freezing injunction, and will do so only when it considers that it is just and convenient. To have a chance of success the following condition must be met:· the applicant must have a cause of action, i.e. a valid claim· the applicant must demonstrate to the court that it has a good arguable case – although it does not need to show that the case will definitely succeed;· there must be sufficient assets in existence to meet the claim;· there must be a real risk of the disposal or use of the assets;· the applicant must provide an undertaking to the court to pay any damages to the other party if it is later shown that the injunction should not have been granted. I am afraid that I do not think an injunction will be successful or useful here. First of all, even if you froze the assets, you cannot force her to sell them to pay you. Also if she has money to satisfy the claim, it would be unreasonable to freeze her possessions to try and get her to pay. Also, quite importantly, a freezing injunction can freeze only those assets over which a judgment can be attached. So we are looking at money held in bank accounts, land, vehicles, shares, bonds and other financial instruments. You can’t really attach a judgment over a piece of furniture so that is also likely to make it difficult. Finally, even if you got an inunction, she could still ignore it and ship her assets abroad. She would be in breach of the injunction but she would also be a long way from the jurisdiction which would pursue her over that and she could easily avoid liability over it. So in the circumstances you may have to settle with a small claims court and then if necessary try to enforce the judgment abroad and pursue her there for it. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.