Claimants Listed in Schedule 1 v Spence & Ors

Claimants Listed in Schedule 1 v Spence & Ors

The claimants established a good arguable case in deceit and conspiracy to injure, supported by evidence of misrepresentations and asset dissipation. There is a real risk that the defendants will dissipate assets to frustrate any judgment. It is just and convenient to grant a worldwide freezing order and ancillary relief, including permission to enforce in Florida and serve out of the jurisdiction.

Parties
Claimant: Claimants listed in Schedule 1; Defendant/injunction Respondent: Nicholas Spence; Defendant/injunction Respondent: Derek Kewley; Defendant/injunction Respondent: Andrew Crump; Defendant/injunction Respondent: Emerging Property Investments Limited (in liquidation); Defendant/respondent: Emerging Property Limited; Defendant/respondent: Green Park Holdings (Ilfracombe) Limited; Defendant/respondent: Green Park (Holdings) Limited (in administration); Defendant/respondent: GP Ilfracombe Management Company Ltd; Defendant/respondent: Green Parks (Westward Ho!) Management Company Limited; Defendant/respondent: Alpha Properties (Bradford) Limited; Defendant/respondent: A1 Properties (Sunderland) Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Civil (commercial Court, England and Wales) / Ex Parte Application for Worldwide Freezing Order and Ancillary Relief
Outcome
Worldwide freezing order granted against first, second, and third defendants; ancillary disclosure orders granted; permission to enforce injunction in Florida granted; permission to serve out granted as necessary; applications to bring claims against fourth and seventh defendants in insolvency not granted.
Legal Topics
Freezing Injunctions, Deceit, Unlawful Means Conspiracy, Asset Dissipation, Jurisdiction and Service Out, Misrepresentation, Cross Border Enforcement
Civil Procedure Commercial Law Fraud Freezing Injunctions Deceit Unlawful Means Conspiracy Asset Dissipation Jurisdiction and Service Out +2 more

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Parties

Claimants listed in Schedule 1

Claimant

Nicholas Spence

Defendant/injunction Respondent

Derek Kewley

Defendant/injunction Respondent

Andrew Crump

Defendant/injunction Respondent

Emerging Property Investments Limited (in liquidation)

Defendant/injunction Respondent

Emerging Property Limited

Defendant/respondent

Green Park Holdings (Ilfracombe) Limited

Defendant/respondent

Green Park (Holdings) Limited (in administration)

Defendant/respondent

GP Ilfracombe Management Company Ltd

Defendant/respondent

Green Parks (Westward Ho!) Management Company Limited

Defendant/respondent

Alpha Properties (Bradford) Limited

Defendant/respondent

A1 Properties (Sunderland) Limited

Defendant/respondent

Procedural Posture

Civil (commercial Court, England and Wales) / Ex Parte Application for Worldwide Freezing Order and Ancillary Relief

Legal Issues

  1. 1 Whether the claimants have a good arguable case in deceit and conspiracy to injure against the defendants
  2. 2 Whether there is a real risk of unjustified dissipation of assets by the defendants
  3. 3 Whether it is just and convenient to grant a worldwide freezing order and ancillary relief

Ratio Decidendi

The claimants established a good arguable case in deceit and conspiracy to injure, supported by evidence of misrepresentations and asset dissipation. There is a real risk that the defendants will dissipate assets to frustrate any judgment. It is just and convenient to grant a worldwide freezing order and ancillary relief, including permission to enforce in Florida and serve out of the jurisdiction.

Court Disposition

Worldwide freezing order granted against first, second, and third defendants; ancillary disclosure orders granted; permission to enforce injunction in Florida granted; permission to serve out granted as necessary; applications to bring claims against fourth and seventh defendants in insolvency not granted.

Orders

  • Worldwide freezing order against first, second, and third defendants
  • Ancillary disclosure orders against injunction respondents