Manchester Shipping Ltd v Balfour Worldwide Ltd & Anor [2019] EWHC 194 (Comm) (11 February 2019)

Manchester Shipping Ltd v Balfour Worldwide Ltd & Anor [2019] EWHC 194 (Comm) (11 February 2019)

Manchester Shipping Limited has a good arguable case that it suffered loss in the amount of the hire due under the charterparties, and there was no material non-disclosure by Manchester on the without notice application. The freezing orders should not be discharged.

Citation
[2019] EWHC 194 (Comm)
Parties
Claimant: Manchester Shipping Limited; First Defendant: Balfour Worldwide Limited; Second Defendant: Nikolay Victorovich Sochin
Jurisdiction
England and Wales
Judgment Date
11 February 2019
Procedural Posture
Commercial Court Proceedings (application to Discharge Freezing Orders) / Interlocutory Application (hearing of Application to Discharge Worldwide Freezing Orders)
Outcome
Application to discharge the worldwide freezing orders refused.
Legal Topics
Freezing Injunctions, Fraud, Disclosure Obligations, Interim Relief, Jurisdiction, Assignment of Claims
Commercial Law Civil Procedure Freezing Injunctions Fraud Disclosure Obligations Interim Relief Jurisdiction Assignment of Claims

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Parties

Manchester Shipping Limited

Claimant

Balfour Worldwide Limited

First Defendant

Nikolay Victorovich Sochin

Second Defendant

Procedural Posture

Commercial Court Proceedings (application to Discharge Freezing Orders) / Interlocutory Application (hearing of Application to Discharge Worldwide Freezing Orders)

Legal Issues

  1. 1 Whether the claimant has a good arguable case of loss to support the freezing orders
  2. 2 Whether there was material non-disclosure by the claimant justifying discharge of the freezing orders

Ratio Decidendi

Manchester Shipping Limited has a good arguable case that it suffered loss in the amount of the hire due under the charterparties, and there was no material non-disclosure by Manchester on the without notice application. The freezing orders should not be discharged.

Court Disposition

Application to discharge the worldwide freezing orders refused.

Orders

  • Worldwide freezing orders to remain in place pending further directions.