David Tyler Moss & Ors v Brian Martin & Anor

David Tyler Moss & Ors v Brian Martin & Anor

Although there is probable cause for believing the defendants may not return to the jurisdiction, the claimants have not demonstrated that their absence would materially prejudice the prosecution of the action or enforcement of current orders. No specific ongoing court process requires the defendants’ presence. The passport order is no longer justified and must be discharged. The monthly living expenses allowance is increased from £1,800 to £2,000 to reflect rising costs, but no one-off expenditures are permitted.

Parties
Claimant: David Tyler Moss; Claimant: Brandon Gabriel Keating; Claimant: Fidelissimus LLC; Defendant: Brian Martin; Defendant: Holly Susan Bone
Jurisdiction
England and Wales
Judgment Date
22 September 2022
Procedural Posture
Application / Interlocutory Ruling
Outcome
application granted in part
Legal Topics
Freezing Order, Passport Order, Asset Disclosure, Variation of Injunction, Living Expenses Allowance
Civil Procedure Injunctive Relief Freezing Order Passport Order Asset Disclosure Variation of Injunction Living Expenses Allowance

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Parties

David Tyler Moss

Claimant

Brandon Gabriel Keating

Claimant

Fidelissimus LLC

Claimant

Brian Martin

Defendant

Holly Susan Bone

Defendant

Procedural Posture

Application / Interlocutory Ruling

Legal Issues

  1. 1 Should the passport order be discharged or suspended to allow the defendants to leave the jurisdiction?
  2. 2 Should the monthly living expenses allowance under the freezing order be increased and should one-off expenditures be permitted?

Ratio Decidendi

Although there is probable cause for believing the defendants may not return to the jurisdiction, the claimants have not demonstrated that their absence would materially prejudice the prosecution of the action or enforcement of current orders. No specific ongoing court process requires the defendants’ presence. The passport order is no longer justified and must be discharged. The monthly living expenses allowance is increased from £1,800 to £2,000 to reflect rising costs, but no one-off expenditures are permitted.

Court Disposition

application granted in part

Orders

  • Defendants’ passports to be released by 30 September 2022 unless further application is made.
  • Monthly living expenses allowance increased from £1,800 to £2,000 under the freezing order.