Beveridge & Anor v Quinlan & Ors [2019] EWHC 1411 (Ch) (06 June 2019)

Beveridge & Anor v Quinlan & Ors [2019] EWHC 1411 (Ch) (06 June 2019)

Defendants consensually assigned all rights in respect of the Shareholder Loans to RBS (now Edgeworth) under the SCSA; their actions in objecting to the Notices prevented the Order from achieving its intended effect. The Court is entitled to make further mandatory orders to ensure compliance and effectiveness of its original Order, and Defendants' objections based on Spanish law are misconceived and untimely.

Citation
[2019] EWHC 1411 (Ch)
Parties
Claimant: Alastair Paul Beveridge; Claimant: Stuart Charles Edward Mackellar; Defendant: Derek Quinlan; Defendant: Glenn Maud; Defendant: Cruz Holdings Limited
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Part 8 Claim / Post Judgment Application for Injunctive Relief
Outcome
Application granted
Legal Topics
Receivership, Assignment of Rights, Cross Border Insolvency, Enforcement of Court Orders
Insolvency Contract Equity Receivership Assignment of Rights Cross Border Insolvency Enforcement of Court Orders

Case Brief

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Parties

Alastair Paul Beveridge

Claimant

Stuart Charles Edward Mackellar

Claimant

Derek Quinlan

Defendant

Glenn Maud

Defendant

Cruz Holdings Limited

Defendant

Procedural Posture

Part 8 Claim / Post Judgment Application for Injunctive Relief

Legal Issues

  1. 1 Whether Defendants' actions thwarted the effectiveness of court-ordered Notices to the Spanish Insolvency Administrator
  2. 2 Whether further mandatory orders should be made to ensure compliance with the original Order
  3. 3 Whether Defendants retain any rights under Spanish law that justify objection to the Notices

Ratio Decidendi

Defendants consensually assigned all rights in respect of the Shareholder Loans to RBS (now Edgeworth) under the SCSA; their actions in objecting to the Notices prevented the Order from achieving its intended effect. The Court is entitled to make further mandatory orders to ensure compliance and effectiveness of its original Order, and Defendants' objections based on Spanish law are misconceived and untimely.

Court Disposition

Application granted

Orders

  • Defendants to execute further documents in English and Spanish confirming validity and authenticity of Notices, withdrawing any objections, and instructing the Insolvency Administrator to comply with the Notices.
  • Documents to be executed and apostilled in the same manner as previous Notices and sent to the Insolvency Administrator with a copy of the judgment and order.