Mex Group Worldwide Ltd v Ford & Ors (Rev1) [2026] EWHC 629 (KB) (17 March 2026)

Mex Group Worldwide Ltd v Ford & Ors (Rev1) [2026] EWHC 629 (KB) (17 March 2026)

An inquiry as to damages will be ordered where a claimant has obtained a worldwide freezing order that is subsequently discharged and the applicants show an arguable case that loss was caused by the injunction, unless special circumstances exist to refuse the inquiry. No such special circumstances exist here; the applicants have provided sufficient evidence of loss and causation to justify an inquiry.

Citation
[2026] EWHC 629 (KB)
Parties
Claimant/respondent: Mex Group Worldwide Limited; First Defendant/applicant: Stewart Owen Ford; Second Defendant/applicant: Brian Robert Cormack; Third Defendant: Colm Denis Smith; Fourth Defendant: Michael Gollits; Fifth Defendant: Melville Consulting Partners Limited; Sixth Defendant: Melville Consultancy Limited; Seventh Defendant/applicant: Regal Consultancy International Limited; Eighth Defendant: CSM Securities SARL; Ninth Defendant: Von Der Heydt & Co AG; Tenth Defendant: Von Der Heydt Invest SA; Eleventh Defendant: Mex Securities SARL; Twelfth Defendant: Viacheslav Volotovskiy
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Commercial Injunction (worldwide Freezing Order) / Application for Inquiry as to Damages Following Discharge of Injunction
Outcome
Inquiry as to damages ordered in favour of the First, Second, and Seventh Defendants (Applicants).
Legal Topics
Freezing Orders, Cross Undertaking in Damages, Injunctions, Damages Inquiry, Discretion to Order Inquiry
Civil Procedure Commercial Law Equity Freezing Orders Cross Undertaking in Damages Injunctions Damages Inquiry Discretion to Order Inquiry

Case Brief

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Parties

Mex Group Worldwide Limited

Claimant/respondent

Stewart Owen Ford

First Defendant/applicant

Brian Robert Cormack

Second Defendant/applicant

Colm Denis Smith

Third Defendant

Michael Gollits

Fourth Defendant

Melville Consulting Partners Limited

Fifth Defendant

Melville Consultancy Limited

Sixth Defendant

Regal Consultancy International Limited

Seventh Defendant/applicant

CSM Securities SARL

Eighth Defendant

Von Der Heydt & Co AG

Ninth Defendant

Von Der Heydt Invest SA

Tenth Defendant

Mex Securities SARL

Eleventh Defendant

Viacheslav Volotovskiy

Twelfth Defendant

Procedural Posture

Commercial Injunction (worldwide Freezing Order) / Application for Inquiry as to Damages Following Discharge of Injunction

Legal Issues

  1. 1 Whether an inquiry as to damages should be ordered following discharge of a worldwide freezing order
  2. 2 Whether the applicants have shown an arguable case of loss caused by the injunction
  3. 3 Whether special circumstances exist to refuse an inquiry as to damages

Ratio Decidendi

An inquiry as to damages will be ordered where a claimant has obtained a worldwide freezing order that is subsequently discharged and the applicants show an arguable case that loss was caused by the injunction, unless special circumstances exist to refuse the inquiry. No such special circumstances exist here; the applicants have provided sufficient evidence of loss and causation to justify an inquiry.

Court Disposition

Inquiry as to damages ordered in favour of the First, Second, and Seventh Defendants (Applicants).

Orders

  • Inquiry as to damages pursuant to the cross-undertaking in damages is granted for the First, Second, and Seventh Defendants.
  • Directions for the inquiry to be determined at a subsequent hearing.