Astute Capital PLC & Anor v Countrylarge 444 Limited & Ors

Astute Capital PLC & Anor v Countrylarge 444 Limited & Ors

The court ordered the interim injunction in the terms sought by the Claimants (with minor modifications), refused to require fortification of the undertaking in damages, marked the Third Strike Out application as totally without merit, awarded costs (mostly on the indemnity basis) to the Claimants for all applications except the injunction (costs reserved), ordered Finlaw to provide further information as specified, and granted an extension of time for the Claimants to amend their particulars of claim.

Parties
Claimant: Astute Capital PLC; Claimant: Astute Capital Advisors Limited; Defendant: Countrylarge 444 Limited; Defendant: Finlaw Property Limited (No. SC570539); Defendant: Ms Lily Margaret Lawson; Defendant: Ms Sandra Shelley Cox; Defendant: Mr Timothy John Smith
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial/property) / Post Judgment Consequential Matters and Applications
Outcome
Applications granted in part; injunction continued; costs awarded; further information ordered; extension of time granted.
Legal Topics
Interim Injunctions, Relief From Sanctions, Summary Judgment, Strike Out Applications, Undertaking in Damages, Costs Orders, Further Information Requests, Extension of Time
Civil Procedure Property Law Injunctions Interim Injunctions Relief From Sanctions Summary Judgment Strike Out Applications Undertaking in Damages +3 more

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Parties

Astute Capital PLC

Claimant

Astute Capital Advisors Limited

Claimant

Countrylarge 444 Limited

Defendant

Finlaw Property Limited (No. SC570539)

Defendant

Ms Lily Margaret Lawson

Defendant

Ms Sandra Shelley Cox

Defendant

Mr Timothy John Smith

Defendant

Procedural Posture

Civil (commercial/property) / Post Judgment Consequential Matters and Applications

Legal Issues

  1. 1 Appropriate terms of interim injunction and undertaking in damages
  2. 2 Whether Third Strike Out application was totally without merit
  3. 3 Proper costs orders for various applications

Ratio Decidendi

The court ordered the interim injunction in the terms sought by the Claimants (with minor modifications), refused to require fortification of the undertaking in damages, marked the Third Strike Out application as totally without merit, awarded costs (mostly on the indemnity basis) to the Claimants for all applications except the injunction (costs reserved), ordered Finlaw to provide further information as specified, and granted an extension of time for the Claimants to amend their particulars of claim.

Court Disposition

Applications granted in part; injunction continued; costs awarded; further information ordered; extension of time granted.

Orders

  • Interim injunction continued in specified terms with minor modifications.
  • Claimants to provide undertaking in damages; no fortification required unless Finlaw applies to sell property.