Armeniakou v Thomson [2024] EWHC 2568 (KB) (10 October 2024)

Armeniakou v Thomson [2024] EWHC 2568 (KB) (10 October 2024)

The freezing order should be continued as the Applicant has a good arguable case in the Greek proceedings and there remains a real risk of dissipation of assets by the Respondent. However, the evidence and submissions do not justify extending the freezing order worldwide at this stage. The asset disclosure order as varied will remain in place pending further submissions on legal issues raised by the Respondent. Relief against sanctions is granted for late evidence, and both parties are permitted to rely on their respective late evidence in the interests of fairness and the overriding objective.

Citation
[2024] EWHC 2568 (KB)
Parties
Applicant/claimant: Ms Spyridoula-Maria Armeniakou; Respondent/defendant: Mr James Alexander Scott Thomson
Jurisdiction
England and Wales
Judgment Date
10 October 2024
Procedural Posture
Interim Application (freezing Order, Asset Disclosure) in Support of Foreign Proceedings / Return Date Hearing on Continuation and Variation of Interim Orders
Outcome
Freezing order continued; application to extend worldwide refused; asset disclosure order as varied to remain pending further submissions; relief against sanctions granted for late evidence; permission granted for both parties to rely on late evidence.
Legal Topics
Freezing Orders, Asset Disclosure, Enforcement of Foreign Judgments, Breach of Contract, Misrepresentation, Jurisdiction, Full and Frank Disclosure, Cryptoassets
Civil Procedure Private International Law Family Law Commercial Law Freezing Orders Asset Disclosure Enforcement of Foreign Judgments Breach of Contract +4 more

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Parties

Ms Spyridoula-Maria Armeniakou

Applicant/claimant

Mr James Alexander Scott Thomson

Respondent/defendant

Procedural Posture

Interim Application (freezing Order, Asset Disclosure) in Support of Foreign Proceedings / Return Date Hearing on Continuation and Variation of Interim Orders

Legal Issues

  1. 1 Whether to continue the freezing order against the Respondent's assets
  2. 2 Whether to extend the freezing order worldwide
  3. 3 Whether to discharge or vary the asset disclosure order

Ratio Decidendi

The freezing order should be continued as the Applicant has a good arguable case in the Greek proceedings and there remains a real risk of dissipation of assets by the Respondent. However, the evidence and submissions do not justify extending the freezing order worldwide at this stage. The asset disclosure order as varied will remain in place pending further submissions on legal issues raised by the Respondent. Relief against sanctions is granted for late evidence, and both parties are permitted to rely on their respective late evidence in the interests of fairness and the overriding objective.

Court Disposition

Freezing order continued; application to extend worldwide refused; asset disclosure order as varied to remain pending further submissions; relief against sanctions granted for late evidence; permission granted for both parties to rely on late evidence.

Orders

  • Freezing order against Respondent's assets in England & Wales continued up to £11 million.
  • Application to extend freezing order worldwide refused at this stage.