Sierra Leone v Davenport & Ors

Sierra Leone v Davenport & Ors

Permission to amend is granted as the new claims are seriously arguable and justice requires the issues to be determined, despite lateness and prior prejudice. The freezing order against Mr Davenport is discharged due to abandonment of fraud and uncertainties in the personal claim. An injunction is granted against Capricorn to restrain dealings with Portland Place pending trial, as the claimant has a seriously arguable case and risk of disposal exists.

Parties
Claimant: The Government of Sierra Leone; First Defendant: Edward Ormus Sharington Davenport; Second Defendant: Capricorn Financial Investments SA
Jurisdiction
England and Wales
Judgment Date
07 November 2003
Procedural Posture
Civil / Ruling on Applications to Amend Pleadings, Strike Out, Discharge Freezing Order, and Grant Injunction
Outcome
Permission to amend granted; freezing order against Mr Davenport discharged; injunction against Capricorn granted.
Legal Topics
Amendment of Pleadings, Freezing Orders, Injunctions, Agency, Corporate Veil, Restitution, Specific Performance, Breach of Contract, Uncertainty in Contracts, Section 2 Law of Property (miscellaneous Provisions) Act 1989
Contract Law Property Law Civil Procedure Amendment of Pleadings Freezing Orders Injunctions Agency Corporate Veil +5 more

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Parties

The Government of Sierra Leone

Claimant

Edward Ormus Sharington Davenport

First Defendant

Capricorn Financial Investments SA

Second Defendant

Procedural Posture

Civil / Ruling on Applications to Amend Pleadings, Strike Out, Discharge Freezing Order, and Grant Injunction

Legal Issues

  1. 1 Whether the claimant should be permitted to amend its pleadings to abandon fraud and introduce new claims for uncertainty and breach of contract
  2. 2 Whether the freezing order against Mr Davenport should be discharged
  3. 3 Whether an injunction should be granted against Capricorn

Ratio Decidendi

Permission to amend is granted as the new claims are seriously arguable and justice requires the issues to be determined, despite lateness and prior prejudice. The freezing order against Mr Davenport is discharged due to abandonment of fraud and uncertainties in the personal claim. An injunction is granted against Capricorn to restrain dealings with Portland Place pending trial, as the claimant has a seriously arguable case and risk of disposal exists.

Court Disposition

Permission to amend granted; freezing order against Mr Davenport discharged; injunction against Capricorn granted.

Orders

  • Permission to amend Claim Form and Particulars of Claim as requested, including reformulation of alter ego allegation.
  • Freezing order against Mr Davenport discharged.