MEX Group Worldwide Ltd v Ford & Ors [2024] EWCA Civ 959 (08 August 2024)

MEX Group Worldwide Ltd v Ford & Ors [2024] EWCA Civ 959 (08 August 2024)

The claimant established a good arguable case for conspiracy and risk of dissipation against the respondents, supported by new evidence from Scottish proceedings. The absence of a connection to England and Wales does not render it inexpedient to grant a worldwide freezing order under section 25 CJJA in the...

Source-derived case information.

Citation
[2024] EWCA Civ 959
Parties
Appellant/claimant: Mex Group Worldwide Limited; Respondent/defendant: Stewart Owen Ford; Respondent/defendant: Brian Robert Cormack; Respondent/defendant: Colm Denis Smith; Respondent/defendant: Michael Gollits; Respondent/defendant: Melville Consulting Partners Limited; Respondent/defendant: Melville Consultancy Limited; Respondent/defendant: Regal Consultancy International Limited; Respondent/defendant: CSM Securities SARL; Respondent/defendant: Von der Heydt & Co AG; Respondent/defendant: Von der Heydt Invest SA; Respondent/defendant: Mex Securities SARL; Respondent/defendant: Viacheslav Volotovskiy
Jurisdiction
England and Wales
Judgment Date
08 August 2024
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Decision to Set Aside Worldwide Freezing Order
Outcome
Appeal allowed
Legal Topics
Worldwide Freezing Orders, Section 25 Civil Jurisdiction and Judgments Act 1982, Interim Relief, Risk of Dissipation, Full and Frank Disclosure, Conspiracy, Admissibility of New Evidence on Appeal
Civil Procedure International Civil Litigation Injunctions Worldwide Freezing Orders Section 25 Civil Jurisdiction and Judgments Act 1982 Interim Relief Risk of Dissipation Full and Frank Disclosure +2 more

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Summary, issues, holding and outcome

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Parties

Mex Group Worldwide Limited

Appellant/claimant

Stewart Owen Ford

Respondent/defendant

Brian Robert Cormack

Respondent/defendant

Colm Denis Smith

Respondent/defendant

Michael Gollits

Respondent/defendant

Melville Consulting Partners Limited

Respondent/defendant

Melville Consultancy Limited

Respondent/defendant

Regal Consultancy International Limited

Respondent/defendant

CSM Securities SARL

Respondent/defendant

Von der Heydt & Co AG

Respondent/defendant

Von der Heydt Invest SA

Respondent/defendant

Mex Securities SARL

Respondent/defendant

Viacheslav Volotovskiy

Respondent/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court Decision to Set Aside Worldwide Freezing Order

Legal Issues

  1. 1 Whether claimant has a good arguable case for conspiracy
  2. 2 Whether risk of dissipation of assets by respondents is established
  3. 3 Whether it is inexpedient to grant a worldwide freezing order under section 25 CJJA

Ratio Decidendi

The claimant established a good arguable case for conspiracy and risk of dissipation against the respondents, supported by new evidence from Scottish proceedings. The absence of a connection to England and Wales does not render it inexpedient to grant a worldwide freezing order under section 25 CJJA in the circumstances. The claimant did not fail in its duty of full and frank disclosure. The appeal is allowed and the freezing order is reinstated against the respondents.

Court Disposition

Appeal allowed

Orders

  • Worldwide freezing order reinstated against 4th, 9th, and 10th defendants
  • Application to adduce new evidence on appeal granted