BDW Trading Ltd v Fitzpatrick & Anor [2015] EWHC 3490 (Ch) (03 December 2015)

BDW Trading Ltd v Fitzpatrick & Anor [2015] EWHC 3490 (Ch) (03 December 2015)

The court continued the freezing injunction and granted the ancillary disclosure orders, including bank statements from 2009 and an affidavit regarding assets derived from alleged bribes, on the basis of the equitable jurisdiction to protect proprietary claims and enable tracing. The court found the orders proportionate and necessary given the evidence of substantial unexplained payments and risk of dissipation. The ordinary course of business exception was restricted due to lack of evidence of legitimate business by TCS. The court permitted BDW to use disclosed information for tracing, legal, and disciplinary purposes, finding the interests of justice outweighed any prejudice to the...

Citation
[2015] EWHC 3490 (Ch)
Parties
Applicant: BDW Trading Limited; First Respondent: Michael Neill Fitzpatrick; Second Respondent: Top Construction Services Limited
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Application for Continuation of Freezing Injunction and Ancillary Orders / Post Interim Injunction, Reserved Judgment on Ancillary Relief
Outcome
Application granted in substantial part
Legal Topics
Freezing Injunctions, Disclosure Orders, Tracing Remedies, Bribery and Secret Commissions, Use of Disclosed Information, Proprietary Claims, Equitable Jurisdiction, Norwich Pharmacal Orders
Civil Procedure Equity and Trusts Employment Law Commercial Law Freezing Injunctions Disclosure Orders Tracing Remedies Bribery and Secret Commissions +4 more

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Parties

BDW Trading Limited

Applicant

Michael Neill Fitzpatrick

First Respondent

Top Construction Services Limited

Second Respondent

Procedural Posture

Application for Continuation of Freezing Injunction and Ancillary Orders / Post Interim Injunction, Reserved Judgment on Ancillary Relief

Legal Issues

  1. 1 Whether to continue the freezing injunction against the Respondents
  2. 2 Whether to order disclosure of bank statements from 2009
  3. 3 Whether to require affidavit disclosure under paragraph 9(2) regarding assets derived from alleged bribes

Ratio Decidendi

The court continued the freezing injunction and granted the ancillary disclosure orders, including bank statements from 2009 and an affidavit regarding assets derived from alleged bribes, on the basis of the equitable jurisdiction to protect proprietary claims and enable tracing. The court found the orders proportionate and necessary given the evidence of substantial unexplained payments and risk of dissipation. The ordinary course of business exception was restricted due to lack of evidence of legitimate business by TCS. The court permitted BDW to use disclosed information for tracing, legal, and disciplinary purposes, finding the interests of justice outweighed any prejudice to the...

Court Disposition

Application granted in substantial part

Orders

  • Freezing injunction continued against both Respondents
  • Order for disclosure of bank statements from 30 September 2009 to 19 October 2014