Consari & Anor v Bensport Ltd [2025] EWHC 1310 (KB) (29 May 2025)

Consari & Anor v Bensport Ltd [2025] EWHC 1310 (KB) (29 May 2025)

Neither party demonstrated ability to pay damages if wrongly restrained or compelled; thus, the balance of convenience requires maintaining the status quo with a restraint order prohibiting disposal of the vehicles, rather than ordering delivery up or release.

Citation
[2025] EWHC 1310 (KB)
Parties
Applicant/claimant: Mo-Musa Nico Consari; Applicant/claimant: JD Automotive Group Limited; Respondent/defendant: Bensport Limited
Jurisdiction
England and Wales
Judgment Date
29 May 2025
Procedural Posture
Interim Injunction Application / Interlocutory (application for Interim Relief)
Outcome
Interim injunction for delivery up refused; restraint order maintained.
Legal Topics
Interim Injunctions, Lien Over Goods, Ownership Disputes, Corporate Veil, Unjust Enrichment, Insolvency Act Remedies
Civil Procedure Contract Law Insolvency Law Property Law Interim Injunctions Lien Over Goods Ownership Disputes Corporate Veil +2 more

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Parties

Mo-Musa Nico Consari

Applicant/claimant

JD Automotive Group Limited

Applicant/claimant

Bensport Limited

Respondent/defendant

Procedural Posture

Interim Injunction Application / Interlocutory (application for Interim Relief)

Legal Issues

  1. 1 Whether the Defendant is entitled to exercise a lien over the vehicles for unpaid monies
  2. 2 Whether the Claimants are entitled to an interim injunction for delivery up of vehicles
  3. 3 Adequacy of damages as a remedy for either party

Ratio Decidendi

Neither party demonstrated ability to pay damages if wrongly restrained or compelled; thus, the balance of convenience requires maintaining the status quo with a restraint order prohibiting disposal of the vehicles, rather than ordering delivery up or release.

Court Disposition

Interim injunction for delivery up refused; restraint order maintained.

Orders

  • Defendant is restrained from disposing of the vehicles pending further order.
  • No order for delivery up of vehicles to Claimants.