Xenfin Fund 1 Trading Limited (in liquidation) v GFG Limited & Ors

Xenfin Fund 1 Trading Limited (in liquidation) v GFG Limited & Ors

Service on Mr Hofgren was validly effected at his last known residence with reasonable diligence; Claimant established reasonable prospects of success against Mr Ahmad as de facto director; good reason existed for alternative service on Mr Ahmad due to evasive conduct and practical difficulties with Treaty service; England is the appropriate forum given connections, management, and limitation issues; full and frank disclosure was sufficient.

Parties
Claimant: Xenfin Fund 1 Trading Limited (in liquidation); First Defendant: GFG Limited; Second Defendant: Nicholas Hofgren; Third Defendant: Stuart Cheek; Fourth Defendant: Ali Raza Ahmad
Jurisdiction
England and Wales
Judgment Date
31 January 2025
Procedural Posture
Commercial Civil / Interlocutory Judgment on Service and Jurisdiction Applications
Outcome
Applications of Individual Defendants dismissed; no order on D1's Application
Legal Topics
Service of Process, Jurisdiction, Forum Non Conveniens, Directors' Duties, De Facto Directors, Limitation Periods, Alternative Service, Full and Frank Disclosure
Civil Procedure Company Law Conflict of Laws Service of Process Jurisdiction Forum Non Conveniens Directors' Duties De Facto Directors +3 more

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Parties

Xenfin Fund 1 Trading Limited (in liquidation)

Claimant

GFG Limited

First Defendant

Nicholas Hofgren

Second Defendant

Stuart Cheek

Third Defendant

Ali Raza Ahmad

Fourth Defendant

Procedural Posture

Commercial Civil / Interlocutory Judgment on Service and Jurisdiction Applications

Legal Issues

  1. 1 Whether service on Mr Hofgren was properly effected under CPR
  2. 2 Whether permission for service out and by alternative means on Mr Ahmad should be set aside
  3. 3 Whether England or Guernsey is the appropriate forum for trial

Ratio Decidendi

Service on Mr Hofgren was validly effected at his last known residence with reasonable diligence; Claimant established reasonable prospects of success against Mr Ahmad as de facto director; good reason existed for alternative service on Mr Ahmad due to evasive conduct and practical difficulties with Treaty service; England is the appropriate forum given connections, management, and limitation issues; full and frank disclosure was sufficient.

Court Disposition

Applications of Individual Defendants dismissed; no order on D1's Application

Orders

  • Service on Mr Hofgren deemed valid
  • Order for alternative service on Mr Ahmad upheld