Armeniakou v Thomson (Rev1) [2024] EWHC 2136 (Comm) (12 August 2024)

Armeniakou v Thomson (Rev1) [2024] EWHC 2136 (Comm) (12 August 2024)

The claimant established a good arguable case on the merits, a real risk of dissipation of assets, and it is just and convenient to grant a freezing order limited to England and Wales. There are exceptional circumstances justifying alternative service, and no evidence that such service would be positively unlawful in Greece.

Citation
[2024] EWHC 2136 (Comm)
Parties
Claimant/applicant: Ms. Spyridoula-Maria Armeniakou; Defendant/respondent: Mr. James Alexander Scott Thomson
Jurisdiction
England and Wales
Judgment Date
12 August 2024
Procedural Posture
Application Under Section 25 Civil Jurisdiction and Judgments Act 1982 / Without Notice Application for Freezing Order in Aid of Foreign Proceedings
Outcome
Application granted in part
Legal Topics
Freezing Injunctions, Ancillary Relief, Enforcement of Foreign Judgments, Cryptocurrency Assets, Alternative Service
Civil Procedure Private International Law Family Law Commercial Law Freezing Injunctions Ancillary Relief Enforcement of Foreign Judgments Cryptocurrency Assets +1 more

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Parties

Ms. Spyridoula-Maria Armeniakou

Claimant/applicant

Mr. James Alexander Scott Thomson

Defendant/respondent

Procedural Posture

Application Under Section 25 Civil Jurisdiction and Judgments Act 1982 / Without Notice Application for Freezing Order in Aid of Foreign Proceedings

Legal Issues

  1. 1 Whether the claimant is entitled to a freezing order under section 25 of the Civil Jurisdiction and Judgments Act 1982 in aid of Greek proceedings
  2. 2 Whether there is a good arguable case on the merits
  3. 3 Whether there is a real risk of dissipation of assets

Ratio Decidendi

The claimant established a good arguable case on the merits, a real risk of dissipation of assets, and it is just and convenient to grant a freezing order limited to England and Wales. There are exceptional circumstances justifying alternative service, and no evidence that such service would be positively unlawful in Greece.

Court Disposition

Application granted in part

Orders

  • Domestic freezing order granted limited to England and Wales over defendant's assets, particularly bank accounts, subject to usual exceptions
  • Permission granted for alternative service by email and other means as proposed