GFH Capital Ltd v Haigh & Ors

GFH Capital Ltd v Haigh & Ors

Mr Haigh has no real prospect of successfully defending enforcement of the DIFC Judgment, which is final, for a definite sum, from a court of competent jurisdiction, and not impeachable for fraud, public policy, or breach of natural justice. Proprietary claims against Second, Third, Fifth, and Sixth Defendants succeed as they are corporate embodiments of Mr Haigh and assets were acquired with misappropriated funds. Counterclaims and defences are barred by issue estoppel and abuse of process.

Parties
Claimant: GFH Capital Limited; First Defendant: David Lawrence Haigh; Second Defendant: The Cove Estates Limited; Third Defendant: Hotel Cove Limited; Fourth Defendant: Cove Lamorna Limited; Fifth Defendant: Mont Fleury Limited; Sixth Defendant: Cloatley Hospitality Limited; Seventh Defendant: Sport Capital Limited; Eighth Defendant: Alison Louise Thomas
Jurisdiction
England and Wales
Judgment Date
19 May 2020
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for claimant; defences and counterclaims struck out.
Legal Topics
Enforcement of Foreign Judgments, Constructive Trust, Fiduciary Duty, Issue Estoppel, Summary Judgment, Natural Justice, Public Policy
Conflict of Laws Commercial Law Equity Enforcement of Foreign Judgments Constructive Trust Fiduciary Duty Issue Estoppel Summary Judgment +2 more

Case Brief

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Parties

GFH Capital Limited

Claimant

David Lawrence Haigh

First Defendant

The Cove Estates Limited

Second Defendant

Hotel Cove Limited

Third Defendant

Cove Lamorna Limited

Fourth Defendant

Mont Fleury Limited

Fifth Defendant

Cloatley Hospitality Limited

Sixth Defendant

Sport Capital Limited

Seventh Defendant

Alison Louise Thomas

Eighth Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the DIFC Judgment is enforceable at common law in England and Wales
  2. 2 Whether Mr Haigh has a real prospect of defending enforcement
  3. 3 Whether the judgment is impeachable for fraud, public policy, or breach of natural justice

Ratio Decidendi

Mr Haigh has no real prospect of successfully defending enforcement of the DIFC Judgment, which is final, for a definite sum, from a court of competent jurisdiction, and not impeachable for fraud, public policy, or breach of natural justice. Proprietary claims against Second, Third, Fifth, and Sixth Defendants succeed as they are corporate embodiments of Mr Haigh and assets were acquired with misappropriated funds. Counterclaims and defences are barred by issue estoppel and abuse of process.

Court Disposition

Summary judgment granted for claimant; defences and counterclaims struck out.

Orders

  • Enforcement of DIFC Judgment against Mr Haigh for specified sums and costs
  • Declarations that Second, Third, Fifth, and Sixth Defendants hold specified assets on constructive trust for GFH