Sierra Leone v Davenport & Ors [2003] EWHC 2769 (Ch) (07 November 2003)

Sierra Leone v Davenport & Ors [2003] EWHC 2769 (Ch) (07 November 2003)

Permission to amend is granted to the claimant to abandon the fraud claim and to plead new claims of uncertainty, non-compliance with section 2 of the 1989 Act, and expanded breach of contract, as these claims are seriously arguable and the delay is partly attributable to the defendants' conduct. The freezing order against Mr Davenport is to be discharged as the fraud claim is abandoned and there is no longer a good arguable case justifying its continuation. The pleadings against Mr Davenport as 'alter ego' are only sustainable if facts are pleaded that could establish agency or façade, not merely ownership and control.

Citation
[2003] EWHC 2769 (Ch)
Parties
Claimant: The Government of Sierra Leone; First Defendant: Edward Ormus Sharington Davenport; Second Defendant: Capricorn Financial Investments SA; Third Defendant: Capricorn Investments SA; Fourth Defendant: Cyril Foray; Fifth Defendant: Donald George; Sixth Defendant: York House SA; Seventh Defendant: Ms Bonner
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Civil (chancery Division) / Interlocutory Application for Permission to Amend Pleadings, Strike Out, and Discharge Freezing Order
Outcome
Permission to amend granted; freezing order discharged; directions for further conduct of the action to be given.
Legal Topics
Amendment of Pleadings, Freezing Injunctions, Agency and Alter Ego, Breach of Contract, Restitution, Uncertainty in Contracts, Section 2 Law of Property (miscellaneous Provisions) Act 1989
Contract Law Civil Procedure Company Law Amendment of Pleadings Freezing Injunctions Agency and Alter Ego Breach of Contract Restitution +2 more

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Parties

The Government of Sierra Leone

Claimant

Edward Ormus Sharington Davenport

First Defendant

Capricorn Financial Investments SA

Second Defendant

Capricorn Investments SA

Third Defendant

Cyril Foray

Fourth Defendant

Donald George

Fifth Defendant

York House SA

Sixth Defendant

Ms Bonner

Seventh Defendant

Procedural Posture

Civil (chancery Division) / Interlocutory Application for Permission to Amend Pleadings, Strike Out, and Discharge Freezing Order

Legal Issues

  1. 1 Whether the claimant should be granted permission to amend its claim to abandon fraud and plead new claims of uncertainty and breach of contract
  2. 2 Whether the freezing order against Mr Davenport should be discharged
  3. 3 Whether the pleadings against Mr Davenport as 'alter ego' of Capricorn are sustainable

Ratio Decidendi

Permission to amend is granted to the claimant to abandon the fraud claim and to plead new claims of uncertainty, non-compliance with section 2 of the 1989 Act, and expanded breach of contract, as these claims are seriously arguable and the delay is partly attributable to the defendants' conduct. The freezing order against Mr Davenport is to be discharged as the fraud claim is abandoned and there is no longer a good arguable case justifying its continuation. The pleadings against Mr Davenport as 'alter ego' are only sustainable if facts are pleaded that could establish agency or façade, not merely ownership and control.

Court Disposition

Permission to amend granted; freezing order discharged; directions for further conduct of the action to be given.

Orders

  • Claimant granted permission to amend Claim Form and Particulars of Claim as proposed.
  • Freezing order against Mr Davenport discharged.