Kieran Gallahue & Ors v Akhilesh Shailendra Tripathi & Anor

Kieran Gallahue & Ors v Akhilesh Shailendra Tripathi & Anor

The claimants established a good arguable case that the share sales were induced by Mr Tripathi's misrepresentations, that there is a real risk of dissipation of assets, and that there are assets within and outside the jurisdiction. The requirements for a worldwide freezing order and a proprietary injunction are met, except for damages relating to the Series E investment, which are excluded pending further argument.

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
13 November 2024
Procedural Posture
Civil (commercial Fraud / Injunction) / Without Notice Application for Proprietary and Worldwide Freezing Injunction
Outcome
Worldwide freezing order and proprietary injunction granted (subject to final wording and exclusion of Series E damages); return date ordered for further argument.
Legal Topics
Freezing Injunction, Proprietary Injunction, Constructive Trust, Misrepresentation, Deceit, Restitution, Damages
Civil Procedure Equity and Trusts Commercial Law Freezing Injunction Proprietary Injunction Constructive Trust Misrepresentation Deceit +2 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

Civil (commercial Fraud / Injunction) / Without Notice Application for Proprietary and Worldwide Freezing Injunction

Legal Issues

  1. 1 Whether the claimants have a good arguable case for misrepresentation and deceit against Mr Tripathi
  2. 2 Whether there is a real risk of dissipation of assets justifying a worldwide freezing order
  3. 3 Whether the claimants are entitled to a proprietary injunction over the proceeds of share sales

Ratio Decidendi

The claimants established a good arguable case that the share sales were induced by Mr Tripathi's misrepresentations, that there is a real risk of dissipation of assets, and that there are assets within and outside the jurisdiction. The requirements for a worldwide freezing order and a proprietary injunction are met, except for damages relating to the Series E investment, which are excluded pending further argument.

Court Disposition

Worldwide freezing order and proprietary injunction granted (subject to final wording and exclusion of Series E damages); return date ordered for further argument.

Orders

  • Worldwide freezing order against Mr Tripathi up to £10,122,646.48 (excluding Series E investment damages)
  • Proprietary injunction over proceeds of share sales