26/2/19
EMMOTT v MICHAEL WILSON & PARTNERS LTD [2019] EWCA Civ 219
In a post-judgment freezing order it will sometimes and perhaps usually be inappropriate to include the so-called “Angel Bell” exception allowing payments in the ordinary course of business [56]. The appropriateness or otherwise of the exception in such a case should be treated as turning on the facts of the individual case, having regard to the ambit of the freezing order sought, the assets frozen and the impact on the judgment debtor’s business [57]. On the facts the judge below had been entitled to remove the exception. This was not a case where the debtor could not pay; the debtor had made every effort to resist enforcement and could have resolved the matter by paying the judgment sum into court.