CPOD SA v De Holanda Jr & Ors [2020] EWHC 1247 (Ch) (20 May 2020)

CPOD SA v De Holanda Jr & Ors [2020] EWHC 1247 (Ch) (20 May 2020)

The court declined to grant early disclosure and an interim account because CPOD had not demonstrated sufficient urgency or necessity, had already obtained substantial information, and could plead its case without further disclosure. The equitable jurisdiction for disclosure in proprietary claims was not engaged as CPOD had not pleaded its proprietary claim and there was no immediate risk to assets. It was neither necessary nor just and convenient to disturb the normal adversarial process by ordering disclosure before pleadings.

Citation
[2020] EWHC 1247 (Ch)
Parties
Claimant: CPOD SA; First Defendant: Christiano Nogueira de Holanda Junior; Second Defendant: Upcity Limited; Third Defendant: Burguimexis Unipessoal LDA; Fourth Defendant: Luis Menezes; Fifth Defendant: CNH Associates Limited; Sixth Defendant: Airtown Limited
Jurisdiction
England and Wales
Judgment Date
20 May 2020
Procedural Posture
Application for Interim Relief (disclosure and Account) / Pre Pleading, Interlocutory Application
Outcome
Application dismissed
Legal Topics
Disclosure Orders, Constructive Trust, Freezing Injunction, Jurisdiction, Account of Profits, Fiduciary Duties, Conspiracy to Injure, Restitution, Knowing Receipt, Dishonest Assistance
Civil Procedure Equity Fraud Disclosure Orders Constructive Trust Freezing Injunction Jurisdiction Account of Profits +5 more

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Parties

CPOD SA

Claimant

Christiano Nogueira de Holanda Junior

First Defendant

Upcity Limited

Second Defendant

Burguimexis Unipessoal LDA

Third Defendant

Luis Menezes

Fourth Defendant

CNH Associates Limited

Fifth Defendant

Airtown Limited

Sixth Defendant

Procedural Posture

Application for Interim Relief (disclosure and Account) / Pre Pleading, Interlocutory Application

Legal Issues

  1. 1 Whether the court should grant disclosure of bank statements and an interim account prior to service of Particulars of Claim
  2. 2 Whether the equitable jurisdiction for disclosure applies in proprietary claims
  3. 3 Whether urgency or necessity justifies early disclosure

Ratio Decidendi

The court declined to grant early disclosure and an interim account because CPOD had not demonstrated sufficient urgency or necessity, had already obtained substantial information, and could plead its case without further disclosure. The equitable jurisdiction for disclosure in proprietary claims was not engaged as CPOD had not pleaded its proprietary claim and there was no immediate risk to assets. It was neither necessary nor just and convenient to disturb the normal adversarial process by ordering disclosure before pleadings.

Court Disposition

Application dismissed

Orders

  • No order for disclosure of bank statements
  • No order for interim account