Mold Investments Ltd v Holloway & Ors [2025] EWHC 962 (Ch) (18 March 2025)

Mold Investments Ltd v Holloway & Ors [2025] EWHC 962 (Ch) (18 March 2025)

Permission granted for cross-examination of witnesses of fact and expert evidence at the set aside hearing, subject to D1 providing full particulars of allegations. D1's application is not procedurally barred; costs are in the application.

Citation
[2025] EWHC 962 (Ch)
Parties
Claimant / Respondent: Mold Investments Limited; First Defendant / Applicant: Matthew Joseph Holloway; Defendant: Andrew Mark Jacques; Defendant: Ellie-Mae Holloway; Defendant: Jack Holloway; Defendant: Adam John Holloway; Defendant: Ian Fenny; Defendant: Thorncliffe Building Supplies Limited; Part 20 Defendant: George Adam Taylor; Part 20 Defendant: Patrick Hughes; Claimant / Respondent: Joseph Holloway (Holdings) Limited
Jurisdiction
England and Wales
Judgment Date
18 March 2025
Procedural Posture
Directions Hearing for Set Aside Application (asset Freezing Injunction) / Interlocutory
Outcome
Permission granted for cross-examination and expert evidence at set aside hearing; D1's application to proceed.
Legal Topics
Asset Freezing Injunctions, Fraud on the Court, Interim Relief, Disclosure, Expert Evidence, Cross Examination, Abuse of Process, Non Disclosure, Norwich Pharmacal Orders
Civil Procedure Commercial Law Equity Asset Freezing Injunctions Fraud on the Court Interim Relief Disclosure Expert Evidence +4 more

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Parties

Mold Investments Limited

Claimant / Respondent

Matthew Joseph Holloway

First Defendant / Applicant

Andrew Mark Jacques

Defendant

Ellie-Mae Holloway

Defendant

Jack Holloway

Defendant

Adam John Holloway

Defendant

Ian Fenny

Defendant

Thorncliffe Building Supplies Limited

Defendant

George Adam Taylor

Part 20 Defendant

Patrick Hughes

Part 20 Defendant

Joseph Holloway (Holdings) Limited

Claimant / Respondent

Procedural Posture

Directions Hearing for Set Aside Application (asset Freezing Injunction) / Interlocutory

Legal Issues

  1. 1 Whether D1 is entitled to bring a set aside application for asset freezing injunctions based on alleged fraud and non-disclosure
  2. 2 Whether cross-examination and expert evidence should be permitted at the set aside hearing
  3. 3 Whether D1's application is barred by prior procedural steps or abuse of process

Ratio Decidendi

Permission granted for cross-examination of witnesses of fact and expert evidence at the set aside hearing, subject to D1 providing full particulars of allegations. D1's application is not procedurally barred; costs are in the application.

Court Disposition

Permission granted for cross-examination and expert evidence at set aside hearing; D1's application to proceed.

Orders

  • D1 to provide full particulars of allegations against Mr O'Grady, Mr Hazlehurst, and others.
  • Permission for cross-examination of all factual witnesses whose statements have been produced, except solicitors.