BDW Trading Ltd v Fitzpatrick & Anor

BDW Trading Ltd v Fitzpatrick & Anor

The court continued the freezing injunction, ordered disclosure of historic bank statements and tracing information under the equitable jurisdiction to protect trust assets, restricted TCS's use of assets to payment of VAT and corporation tax only, and released BDW from undertakings restricting use of disclosed information, including for disciplinary proceedings, as the interests of justice required it and no serious injustice to the Respondents was identified.

Parties
Applicant: BDW Trading Limited; Respondent: Michael Neill Fitzpatrick; Respondent: Top Construction Services Limited
Jurisdiction
England and Wales
Judgment Date
03 December 2015
Procedural Posture
Civil (freezing Injunction, Disclosure, Ancillary Relief) / Interlocutory Application—judgment on Reserved Matters Following Continuation of Freezing Injunction
Outcome
Application granted in substantial part
Legal Topics
Freezing Injunctions, Disclosure Orders, Tracing Remedies, Breach of Fiduciary Duty, Bribery and Secret Commissions, Collateral Use of Disclosed Documents, Confidentiality Undertakings
Civil Procedure Equity and Trusts Employment Law Commercial Law Freezing Injunctions Disclosure Orders Tracing Remedies Breach of Fiduciary Duty +3 more

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Parties

BDW Trading Limited

Applicant

Michael Neill Fitzpatrick

Respondent

Top Construction Services Limited

Respondent

Procedural Posture

Civil (freezing Injunction, Disclosure, Ancillary Relief) / Interlocutory Application—judgment on Reserved Matters Following Continuation of Freezing Injunction

Legal Issues

  1. 1 Whether to continue the freezing injunction against the Respondents
  2. 2 Whether to order disclosure of historic bank statements and information under paragraph 9(2)
  3. 3 Whether to permit TCS to use assets in the ordinary course of business

Ratio Decidendi

The court continued the freezing injunction, ordered disclosure of historic bank statements and tracing information under the equitable jurisdiction to protect trust assets, restricted TCS's use of assets to payment of VAT and corporation tax only, and released BDW from undertakings restricting use of disclosed information, including for disciplinary proceedings, as the interests of justice required it and no serious injustice to the Respondents was identified.

Court Disposition

Application granted in substantial part

Orders

  • Freezing injunction continued against Respondents
  • Disclosure of bank statements from 30 September 2009 to 19 October 2014 ordered