GFH Capita Ltd v Haigh & Ors [2022] EWHC 3110 (Comm) (11 November 2022)

GFH Capita Ltd v Haigh & Ors [2022] EWHC 3110 (Comm) (11 November 2022)

The freezing order made by Flaux J in December 2014 expired on its own terms on 4 July 2018 upon final determination of the substantive claim in the DIFC, and the court now declares it discharged accordingly.

Citation
[2022] EWHC 3110 (Comm)
Parties
Claimant/respondent: GFH Capital Limited; First Defendant/applicant: David Lawrence Haigh; Second Defendant/applicant: The Cove Estates Limited; Third Defendant/applicant: Hotel Cove Limited; Fourth Defendant/applicant: Cove Lamorna Limited; Fifth Defendant/applicant: Mont Fleury Limited; Sixth Defendant/applicant: Cloatley Hospitality Limited; Seventh Defendant/applicant: Sport Capital Limited; Eighth Defendant/applicant: Alison Louise Thomas
Jurisdiction
England and Wales
Judgment Date
11 November 2022
Procedural Posture
Commercial Court Claim for Freezing Order Relief / Application to Discharge Freezing Order
Outcome
Application granted
Legal Topics
Freezing Injunctions, Discharge of Injunctions, Jurisdictional Issues, Asset Preservation
Civil Procedure Commercial Law Freezing Injunctions Discharge of Injunctions Jurisdictional Issues Asset Preservation

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Parties

GFH Capital Limited

Claimant/respondent

David Lawrence Haigh

First Defendant/applicant

The Cove Estates Limited

Second Defendant/applicant

Hotel Cove Limited

Third Defendant/applicant

Cove Lamorna Limited

Fourth Defendant/applicant

Mont Fleury Limited

Fifth Defendant/applicant

Cloatley Hospitality Limited

Sixth Defendant/applicant

Sport Capital Limited

Seventh Defendant/applicant

Alison Louise Thomas

Eighth Defendant/applicant

Procedural Posture

Commercial Court Claim for Freezing Order Relief / Application to Discharge Freezing Order

Legal Issues

  1. 1 Whether the freezing order granted in December 2014 remains in force or expired on its own terms
  2. 2 Whether the court should declare the freezing order discharged

Ratio Decidendi

The freezing order made by Flaux J in December 2014 expired on its own terms on 4 July 2018 upon final determination of the substantive claim in the DIFC, and the court now declares it discharged accordingly.

Court Disposition

Application granted

Orders

  • Declaration that the freezing order of Flaux J stands discharged, having expired on its own terms on 4 July 2018