Justice Investments Limited v Visalia Energia SL t/a NACE & Ors

Justice Investments Limited v Visalia Energia SL t/a NACE & Ors

C's second strike out application was dismissed as wholly without merit because the defence of D1/D2 was not fanciful, incoherent, or abusive, and issues raised were for trial. The disposal hearing application was dismissed and damages assessment against D3-D5 adjourned to trial of claims against D1/D2 due to overlap and risk of inconsistent judgments. D1/D2's application to restrict C's use of disclosed documents was allowed due to abuse and misrepresentation, with minimal derogation from open justice. Security for costs was ordered against C in the sum of £250,000, as it was reasonable to believe C could not pay costs and C failed to provide full, frank evidence that the order would...

Parties
Claimant: Justice Investments Limited; First Defendant: Visalia Energia SL t/a Nace; Second Defendant: Pablo Abejas Garcia; Third Defendant: Alejandro Ortega Herrero; Fourth Defendant: Carmen Doncel Rodriguez; Fifth Defendant: Felpudos Abejas SL; Sixth Defendant: Vivier and Company (in liquidation)
Jurisdiction
England and Wales
Judgment Date
23 March 2026
Procedural Posture
Civil / Interlocutory Applications Ruling
Outcome
Applications determined: C's strike out and disposal hearing applications dismissed; D1/D2's restriction and security for costs applications allowed; Nardello report admitted as expert evidence; Copping 9 statement not admitted.
Legal Topics
Strike Out Applications, Security for Costs, Abuse of Process, Conspiracy, Breach of Contract, Disclosure, Open Justice
Civil Procedure Commercial Law Tort Law Strike Out Applications Security for Costs Abuse of Process Conspiracy Breach of Contract +2 more

Case Brief

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Parties

Justice Investments Limited

Claimant

Visalia Energia SL t/a Nace

First Defendant

Pablo Abejas Garcia

Second Defendant

Alejandro Ortega Herrero

Third Defendant

Carmen Doncel Rodriguez

Fourth Defendant

Felpudos Abejas SL

Fifth Defendant

Vivier and Company (in liquidation)

Sixth Defendant

Procedural Posture

Civil / Interlocutory Applications Ruling

Legal Issues

  1. 1 Whether the defence of D1/D2 should be struck out for abuse of process or lack of reasonable grounds
  2. 2 Whether the disposal hearing for damages against D3-D5 should proceed or be adjourned
  3. 3 Whether C should be restricted from using disclosed documents in communications to third parties

Ratio Decidendi

C's second strike out application was dismissed as wholly without merit because the defence of D1/D2 was not fanciful, incoherent, or abusive, and issues raised were for trial. The disposal hearing application was dismissed and damages assessment against D3-D5 adjourned to trial of claims against D1/D2 due to overlap and risk of inconsistent judgments. D1/D2's application to restrict C's use of disclosed documents was allowed due to abuse and misrepresentation, with minimal derogation from open justice. Security for costs was ordered against C in the sum of £250,000, as it was reasonable to believe C could not pay costs and C failed to provide full, frank evidence that the order would...

Court Disposition

Applications determined: C's strike out and disposal hearing applications dismissed; D1/D2's restriction and security for costs applications allowed; Nardello report admitted as expert evidence; Copping 9 statement not admitted.

Orders

  • C's second strike out application dismissed as wholly without merit.
  • C's disposal hearing application dismissed; damages assessment against D3-D5 adjourned to trial of claims against D1/D2.