Astute Capital Plc & Anor v Countrylarge 444 Limited & Ors

Astute Capital Plc & Anor v Countrylarge 444 Limited & Ors

Relief from sanctions granted as breach was not serious or significant and no prejudice resulted; summary judgment refused as Claimants had a real prospect of success on debt and proprietary claims; injunction granted to restrain Finlaw from dealing with proceeds and to require information; strike out and release of undertakings refused as procedural errors did not invalidate substantive claims or undertakings.

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 September 2024
Procedural Posture
Commercial / Interlocutory Judgment
Outcome
Relief from sanctions granted; summary judgment refused; injunction granted; strike out and release of undertakings refused.
Legal Topics
Relief From Sanctions, Summary Judgment, Injunctions, Constructive Trust, Proprietary Estoppel, Authority of Directors, Personal Guarantees
Commercial Law Equity Civil Procedure Relief From Sanctions Summary Judgment Injunctions Constructive Trust Proprietary Estoppel +2 more

Case Brief

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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

Commercial / Interlocutory Judgment

Legal Issues

  1. 1 Whether Claimants defaulted in serving Reply and Defence to Counterclaim and consequences
  2. 2 Whether summary judgment should be granted for Finlaw defendants
  3. 3 Whether Claimants are entitled to injunctive relief against Finlaw and ARE

Ratio Decidendi

Relief from sanctions granted as breach was not serious or significant and no prejudice resulted; summary judgment refused as Claimants had a real prospect of success on debt and proprietary claims; injunction granted to restrain Finlaw from dealing with proceeds and to require information; strike out and release of undertakings refused as procedural errors did not invalidate substantive claims or undertakings.

Court Disposition

Relief from sanctions granted; summary judgment refused; injunction granted; strike out and release of undertakings refused.

Orders

  • Reply and Defence to Counterclaim served on 27 January 2023 stands as valid statement of case.
  • Finlaw restrained from dealing with properties and sales proceeds; undertakings continued and expanded.