Klotho Brands Ltd v Stanford [2025] EWHC 2284 (Ch) (23 July 2025)

Klotho Brands Ltd v Stanford [2025] EWHC 2284 (Ch) (23 July 2025)

The defendant's applications for stay or adjournment are dismissed because he was properly served, the 2022 order remains binding and unchallenged, allegations of fraud were previously adjudicated and are irrelevant absent an appeal or set aside application, and procedural objections regarding service, joinder, and Article 6 ECHR are unfounded. The DS Family Trust lacks standing as its purported trustee was not validly appointed. The court is entitled to proceed with the contempt application in the defendant's absence given proper notice, service, and absence of good reason for non-attendance.

Citation
[2025] EWHC 2284 (Ch)
Parties
Claimant/applicant: KLOTHO BRANDS LIMITED (FORMERLY KNOWN AS LION/HEAVEN UK II LIMITED); Defendant/respondent: KEVIN GERALD STANFORD (NOW KNOWN AS KEVIN-GERALD STANFORD)
Jurisdiction
England and Wales
Judgment Date
23 July 2025
Procedural Posture
Contempt of Court Application and Applications for Stay/adjournment / Hearing and Determination of Contempt Application and Applications for Stay
Outcome
Applications for stay/adjournment dismissed; contempt application to proceed in defendant's absence.
Legal Topics
Contempt of Court, Enforcement of Court Orders, Fraud on the Court, Service and Joinder of Parties, Trustee Standing, Procedural Fairness, Article 6 ECHR
Civil Procedure Company Law Trusts and Equity Contempt of Court Enforcement of Court Orders Fraud on the Court Service and Joinder of Parties Trustee Standing +2 more

Case Brief

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Parties

KLOTHO BRANDS LIMITED (FORMERLY KNOWN AS LION/HEAVEN UK II LIMITED)

Claimant/applicant

KEVIN GERALD STANFORD (NOW KNOWN AS KEVIN-GERALD STANFORD)

Defendant/respondent

Procedural Posture

Contempt of Court Application and Applications for Stay/adjournment / Hearing and Determination of Contempt Application and Applications for Stay

Legal Issues

  1. 1 Whether the defendant was properly served and joined to the contempt proceedings
  2. 2 Whether allegations of fraud on the court justify a stay or adjournment of enforcement/contempt proceedings
  3. 3 Whether the DS Family Trust or its purported trustee has standing to seek a stay

Ratio Decidendi

The defendant's applications for stay or adjournment are dismissed because he was properly served, the 2022 order remains binding and unchallenged, allegations of fraud were previously adjudicated and are irrelevant absent an appeal or set aside application, and procedural objections regarding service, joinder, and Article 6 ECHR are unfounded. The DS Family Trust lacks standing as its purported trustee was not validly appointed. The court is entitled to proceed with the contempt application in the defendant's absence given proper notice, service, and absence of good reason for non-attendance.

Court Disposition

Applications for stay/adjournment dismissed; contempt application to proceed in defendant's absence.

Orders

  • Defendant's application for immediate stay of enforcement and contempt proceedings dismissed.
  • DS Family Trust's application for stay dismissed for lack of standing.