The New York Laser Clinic Ltd v Naturastudios Ltd & Ors

The New York Laser Clinic Ltd v Naturastudios Ltd & Ors

The freezing order should not be discharged for non-disclosure, as the breaches were not deliberate and would not have changed the outcome. However, continuation of the freezing order is only justified against Natura Academy Limited, Natura Group Limited, Naturahealth Limited, and Naturastudios Limited (Blue Checker Ltd.), for a limited period, due to a good arguable case of asset transfers at undervalue and risk of dissipation. The order against Mr. Anderson personally is not justified due to lack of evidence of risk of dissipation of his personal assets. NYLC must provide a fortified cross-undertaking in damages of £10,000 per month for six months.

Parties
Claimant / Applicant: The New York Laser Clinic Limited; Defendant / Respondent: Naturastudios Limited; Defendant / Respondent: James Henry Anderson; Defendant / Respondent: Natura Academy Limited; Defendant / Respondent: Natura Group Limited; Defendant / Respondent: Naturahealth Limited
Jurisdiction
England and Wales
Judgment Date
09 June 2020
Procedural Posture
Freezing Injunction (post Judgment) / Ruling on Continuation/discharge of Freezing Order
Outcome
Freezing order continued against Natura Academy Limited, Natura Group Limited, Naturahealth Limited, and Naturastudios Limited (Blue Checker Ltd.) for six months, subject to NYLC's fortified cross-undertaking in damages. Order against Mr. Anderson discharged.
Legal Topics
Freezing Injunctions, Post Judgment Enforcement, Chabra Jurisdiction, Director's Duties, Asset Dissipation, Liquidation, Cross Undertaking in Damages
Civil Procedure Insolvency Company Law Freezing Injunctions Post Judgment Enforcement Chabra Jurisdiction Director's Duties Asset Dissipation +2 more

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Parties

The New York Laser Clinic Limited

Claimant / Applicant

Naturastudios Limited

Defendant / Respondent

James Henry Anderson

Defendant / Respondent

Natura Academy Limited

Defendant / Respondent

Natura Group Limited

Defendant / Respondent

Naturahealth Limited

Defendant / Respondent

Procedural Posture

Freezing Injunction (post Judgment) / Ruling on Continuation/discharge of Freezing Order

Legal Issues

  1. 1 Whether the freezing order should be discharged for alleged non-disclosure
  2. 2 Whether the freezing order should be continued against the respondents
  3. 3 Whether there is a good arguable case for claims against Mr. Anderson and Natura Academy Limited

Ratio Decidendi

The freezing order should not be discharged for non-disclosure, as the breaches were not deliberate and would not have changed the outcome. However, continuation of the freezing order is only justified against Natura Academy Limited, Natura Group Limited, Naturahealth Limited, and Naturastudios Limited (Blue Checker Ltd.), for a limited period, due to a good arguable case of asset transfers at undervalue and risk of dissipation. The order against Mr. Anderson personally is not justified due to lack of evidence of risk of dissipation of his personal assets. NYLC must provide a fortified cross-undertaking in damages of £10,000 per month for six months.

Court Disposition

Freezing order continued against Natura Academy Limited, Natura Group Limited, Naturahealth Limited, and Naturastudios Limited (Blue Checker Ltd.) for six months, subject to NYLC's fortified cross-undertaking in damages. Order against Mr. Anderson discharged.

Orders

  • Freezing order to preserve assets up to £4,500,000 against specified respondents for six months.
  • NYLC to provide a cross-undertaking in damages of £10,000 per month, fortified by evidence of ability to pay.