Gallahue & Ors v Tripathi [2024] EWHC 725 (Ch) (22 March 2024)

Gallahue & Ors v Tripathi [2024] EWHC 725 (Ch) (22 March 2024)

Claimants demonstrated a good arguable case for misrepresentation and deceit regarding share sales, a real risk of dissipation of assets by Mr Tripathi, and grounds for belief that assets exist both within and outside jurisdiction. It is just and convenient to grant a worldwide freezing order and proprietary injunction, excluding damages relating to Series E investment at this stage.

Citation
[2024] EWHC 725 (Ch)
Parties
Claimant / Applicant: Kieran Gallahue; Claimant / Applicant: Mary Gallahue; Claimant / Applicant: Oliver Cox; Claimant / Applicant: Rachael Cox; Claimant / Applicant: Oliver Cox Limited; Claimant / Applicant: Karl Devine; Claimant / Applicant: Michael Moore; Claimant / Applicant: Vanessa Moore; Claimant / Applicant: Richard Jackson; Claimant / Applicant: Warren Taylor; Claimant / Applicant: KAWT Investments Ltd; Claimant / Applicant: Robert O'Donoghue; Claimant / Applicant: Anna Allington; Claimant / Applicant: Alan Howard; Claimant / Applicant: Benjamin Collins; Claimant / Applicant: Mark Webster; Claimant / Applicant: Ross Hill; Claimant / Applicant: Nick Davis; Claimant / Applicant: EGCB Holdings Ltd; Claimant / Applicant: DCMS Holdings Ltd; First Defendant / Respondent: Akhilesh Shailendra Tripathi; Second Defendant: Silvie Kent
Jurisdiction
England and Wales
Judgment Date
22 March 2024
Procedural Posture
Without Notice Application for Injunctive Relief / Interim Application, Judgment on Freezing and Proprietary Injunction
Outcome
Worldwide freezing order and proprietary injunction granted, subject to final wording and exclusion of Series E damages; return date ordered.
Legal Topics
Freezing Injunction, Proprietary Injunction, Misrepresentation, Constructive Trust, Restitution, Damages, Deceit, Negligent Misstatement
Civil Procedure Equity Fraud Freezing Injunction Proprietary Injunction Misrepresentation Constructive Trust Restitution +3 more

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Parties

Kieran Gallahue

Claimant / Applicant

Mary Gallahue

Claimant / Applicant

Oliver Cox

Claimant / Applicant

Rachael Cox

Claimant / Applicant

Oliver Cox Limited

Claimant / Applicant

Karl Devine

Claimant / Applicant

Michael Moore

Claimant / Applicant

Vanessa Moore

Claimant / Applicant

Richard Jackson

Claimant / Applicant

Warren Taylor

Claimant / Applicant

KAWT Investments Ltd

Claimant / Applicant

Robert O'Donoghue

Claimant / Applicant

Anna Allington

Claimant / Applicant

Alan Howard

Claimant / Applicant

Benjamin Collins

Claimant / Applicant

Mark Webster

Claimant / Applicant

Ross Hill

Claimant / Applicant

Nick Davis

Claimant / Applicant

EGCB Holdings Ltd

Claimant / Applicant

DCMS Holdings Ltd

Claimant / Applicant

Akhilesh Shailendra Tripathi

First Defendant / Respondent

Silvie Kent

Second Defendant

Procedural Posture

Without Notice Application for Injunctive Relief / Interim Application, Judgment on Freezing and Proprietary Injunction

Legal Issues

  1. 1 Whether claimants have a good arguable case for misrepresentation and deceit
  2. 2 Whether there is a real risk of dissipation of assets by the defendant
  3. 3 Whether there are assets against which an order could be enforced

Ratio Decidendi

Claimants demonstrated a good arguable case for misrepresentation and deceit regarding share sales, a real risk of dissipation of assets by Mr Tripathi, and grounds for belief that assets exist both within and outside jurisdiction. It is just and convenient to grant a worldwide freezing order and proprietary injunction, excluding damages relating to Series E investment at this stage.

Court Disposition

Worldwide freezing order and proprietary injunction granted, subject to final wording and exclusion of Series E damages; return date ordered.

Orders

  • Worldwide freezing order against Mr Tripathi
  • Proprietary injunction to preserve proceeds of share sales