Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) (24 May 2024)

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) (24 May 2024)

There is no evidence of a real risk of prosecution in Italy for compliance with the McCloud Order, and compliance would not constitute an offence under Articles 615-ter or 622 of the Italian Criminal Code. The balancing exercise under English law, considering the importance of enforcement and absence of real risk,...

Source-derived case information.

Citation
[2024] EWHC 1263 (Comm)
Parties
Claimant: Hotel Portfolio II UK Limited (in Liquidation); Claimant: Elizabeth Alexandra Aird-Brown (as Liquidator of Hotel Portfolio II UK Limited (in Liquidation)); Defendant: Andrew Joseph Ruhan; Defendant: Anthony Edward Stevens; Interested Party: Phoenix Group Foundation; Interested Party: Minardi Investments Limited; Interested Party: Tania Jane Richardson
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Commercial Court Enforcement Proceedings / Application to Discharge or Stay Disclosure Order (mc Cloud Order)
Outcome
Application dismissed
Legal Topics
Enforcement of Judgments, Foreign Criminal Law and Disclosure, Abuse of Process, Disclosure Orders, Comity
Civil Procedure Insolvency Conflict of Laws Enforcement of Judgments Foreign Criminal Law and Disclosure Abuse of Process Disclosure Orders Comity

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Parties

Hotel Portfolio II UK Limited (in Liquidation)

Claimant

Elizabeth Alexandra Aird-Brown (as Liquidator of Hotel Portfolio II UK Limited (in Liquidation))

Claimant

Andrew Joseph Ruhan

Defendant

Anthony Edward Stevens

Defendant

Phoenix Group Foundation

Interested Party

Minardi Investments Limited

Interested Party

Tania Jane Richardson

Interested Party

Procedural Posture

Commercial Court Enforcement Proceedings / Application to Discharge or Stay Disclosure Order (mc Cloud Order)

Legal Issues

  1. 1 Whether compliance with the McCloud Order would expose the Second Defendant or IT consultant to criminal liability under Italian law
  2. 2 Whether there is a real risk of prosecution in Italy for compliance with the order
  3. 3 Whether the order should be discharged or stayed on grounds of comity or abuse of process

Ratio Decidendi

There is no evidence of a real risk of prosecution in Italy for compliance with the McCloud Order, and compliance would not constitute an offence under Articles 615-ter or 622 of the Italian Criminal Code. The balancing exercise under English law, considering the importance of enforcement and absence of real risk, favours compliance with the order. The application to discharge or stay the McCloud Order is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to discharge or stay the McCloud Order is dismissed.
  • The McCloud Order remains in effect.