Segulah Medical Acceleration AB & Ors v Akhilesh Shailendra Tripathi & Anor

Segulah Medical Acceleration AB & Ors v Akhilesh Shailendra Tripathi & Anor

The BVI injunction was not in breach of the non-enforcement undertaking as it was not similar in nature to enforcement of the English freezing order, but an independent exercise of BVI statutory jurisdiction. Failures of full and frank disclosure by the claimants were inadvertent and not material to the outcome; permission for collateral use would have been granted in any event. The defendant is required to provide further tracing information regarding certain assets and payments, but not explanations for all discrepancies. Disclosure regarding the trust was refused as the claimants' material was insufficiently strong and existing protections were adequate.

Parties
Claimant: Segulah Medical Acceleration AB; Claimant: Speeca Limited; Claimant: Chris Tuohy; Claimant: Kieran Gallahue (in his personal capacity and as co-trustee with Mary Gallahue of the Kieran and Mary Ellen Gallahue Revocable Family Trust and the Gallahue Irrevocable Trust); Claimant: Mary Gallahue (as co-trustee with Kieran Gallahue of the Kieran and Mary Ellen Gallahue Revocable Family Trust and the Gallahue Irrevocable Trust); Defendant: Akhilesh Shailendra Tripathi; Defendant: Silvie Kent
Jurisdiction
England and Wales
Judgment Date
21 March 2025
Procedural Posture
Civil (chancery Division, Business List) / Interlocutory Applications (freezing Orders, Disclosure, Set Aside)
Outcome
Applications determined as follows: Set Aside Application dismissed; Tracing Application granted in part; HST Application refused.
Legal Topics
Freezing Injunctions, Proprietary Injunctions, Disclosure Obligations, Collateral Use of Documents, Trust Asset Tracing, Non Enforcement Undertakings, Asset Dissipation, Full and Frank Disclosure
Civil Procedure Equity and Trusts Company Law Freezing Injunctions Proprietary Injunctions Disclosure Obligations Collateral Use of Documents Trust Asset Tracing +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Segulah Medical Acceleration AB

Claimant

Speeca Limited

Claimant

Chris Tuohy

Claimant

Kieran Gallahue (in his personal capacity and as co-trustee with Mary Gallahue of the Kieran and Mary Ellen Gallahue Revocable Family Trust and the Gallahue Irrevocable Trust)

Claimant

Mary Gallahue (as co-trustee with Kieran Gallahue of the Kieran and Mary Ellen Gallahue Revocable Family Trust and the Gallahue Irrevocable Trust)

Claimant

Akhilesh Shailendra Tripathi

Defendant

Silvie Kent

Defendant

Procedural Posture

Civil (chancery Division, Business List) / Interlocutory Applications (freezing Orders, Disclosure, Set Aside)

Legal Issues

  1. 1 Whether the claimants breached a non-enforcement undertaking by seeking a BVI injunction against assets of a company controlled by the defendant
  2. 2 Whether the claimants failed in their duty of full and frank disclosure in a without notice application for collateral use of documents
  3. 3 Whether the defendant should be compelled to provide further tracing information and explanations regarding assets and payments

Ratio Decidendi

The BVI injunction was not in breach of the non-enforcement undertaking as it was not similar in nature to enforcement of the English freezing order, but an independent exercise of BVI statutory jurisdiction. Failures of full and frank disclosure by the claimants were inadvertent and not material to the outcome; permission for collateral use would have been granted in any event. The defendant is required to provide further tracing information regarding certain assets and payments, but not explanations for all discrepancies. Disclosure regarding the trust was refused as the claimants' material was insufficiently strong and existing protections were adequate.

Court Disposition

Applications determined as follows: Set Aside Application dismissed; Tracing Application granted in part; HST Application refused.

Orders

  • Claimants to seek variation of the BVI injunction to address overprotection.
  • Master Clark's order granting permission for collateral use is not set aside.