Spyridoula-Maria Armeniakou v James Alexander Scott Thomson

Spyridoula-Maria Armeniakou v James Alexander Scott Thomson

The Asset Disclosure Order should continue to apply worldwide to police the freezing order and enable consideration of further freezing relief, given the opacity of the respondent's asset position, risk of dissipation, and ongoing application for a worldwide freezing order. Confidentiality club arrangements are discontinued due to overlap with Greek proceedings, undertakings, and lack of justification. Additional fortification is ordered based on loss of use of frozen funds. Respondent is to bear 100% of variation application costs and 90% of Return Date costs due to overall unsuccessful opposition and minor conduct issues.

Parties
Applicant/claimant: Ms Spyridoula-Maria Armeniakou; Respondent/defendant: Mr James Alexander Scott Thomson
Jurisdiction
England and Wales
Judgment Date
12 June 2024
Procedural Posture
Freezing Order Proceedings / Post Return Date, Consequential Hearing
Outcome
Asset Disclosure Order continued worldwide; confidentiality club discontinued; additional fortification ordered; costs orders made.
Legal Topics
Freezing Orders, Asset Disclosure, Confidentiality Clubs, Fortification of Undertakings, Costs Orders
Civil Procedure Asset Freezing International Litigation Freezing Orders Asset Disclosure Confidentiality Clubs Fortification of Undertakings Costs Orders

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Parties

Ms Spyridoula-Maria Armeniakou

Applicant/claimant

Mr James Alexander Scott Thomson

Respondent/defendant

Procedural Posture

Freezing Order Proceedings / Post Return Date, Consequential Hearing

Legal Issues

  1. 1 Should the Asset Disclosure Order (ADO) apply worldwide or only to assets in England and Wales?
  2. 2 Should confidentiality club arrangements continue?
  3. 3 Is further fortification of the applicant's cross undertaking in damages required?

Ratio Decidendi

The Asset Disclosure Order should continue to apply worldwide to police the freezing order and enable consideration of further freezing relief, given the opacity of the respondent's asset position, risk of dissipation, and ongoing application for a worldwide freezing order. Confidentiality club arrangements are discontinued due to overlap with Greek proceedings, undertakings, and lack of justification. Additional fortification is ordered based on loss of use of frozen funds. Respondent is to bear 100% of variation application costs and 90% of Return Date costs due to overall unsuccessful opposition and minor conduct issues.

Court Disposition

Asset Disclosure Order continued worldwide; confidentiality club discontinued; additional fortification ordered; costs orders made.

Orders

  • ADO to continue worldwide.
  • Confidentiality club arrangements discontinued.