Beveridge & Anor v Quinlan & Ors

Beveridge & Anor v Quinlan & Ors

The defendants' emails to the Insolvency Administrator undermined the intended effect of the court's order and the notices. The defendants have no substantive rights under Spanish law to object, having assigned their rights by contract. The court will make further mandatory orders to ensure the notices are effective and the Receivers receive any monies due under the Shareholder Loans.

Parties
Claimant: Stuart Charles Edward Mackellar; Claimant: Alastair Paul Beveridge; Defendant: Derek Quinlan; Defendant: Glenn Maud; Defendant: Cruz Holdings Limited
Jurisdiction
England and Wales
Judgment Date
06 June 2019
Procedural Posture
Post Judgment Application / Application for Further Mandatory Injunctive Relief
Outcome
Application granted
Legal Topics
Receivership, Assignment of Rights, Injunctions, Cross Border Insolvency, Enforcement of Court Orders
Insolvency Contract Equity Receivership Assignment of Rights Injunctions Cross Border Insolvency Enforcement of Court Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Stuart Charles Edward Mackellar

Claimant

Alastair Paul Beveridge

Claimant

Derek Quinlan

Defendant

Glenn Maud

Defendant

Cruz Holdings Limited

Defendant

Procedural Posture

Post Judgment Application / Application for Further Mandatory Injunctive Relief

Legal Issues

  1. 1 Whether the defendants' communications to the Spanish Insolvency Administrator undermined the effect of the English court's order and notices regarding payment of the Shareholder Loans to the Receivers
  2. 2 Whether further mandatory orders should be made to ensure compliance with the original order and effectiveness of the notices in the Spanish insolvency proceedings
  3. 3 Whether the defendants can rely on Spanish law rights to resist further orders

Ratio Decidendi

The defendants' emails to the Insolvency Administrator undermined the intended effect of the court's order and the notices. The defendants have no substantive rights under Spanish law to object, having assigned their rights by contract. The court will make further mandatory orders to ensure the notices are effective and the Receivers receive any monies due under the Shareholder Loans.

Court Disposition

Application granted

Orders

  • Defendants to execute further documents in English and Spanish confirming the validity and authenticity of the notices, stating no objection to the Insolvency Administrator complying with the notices, and withdrawing any previous objections.
  • Such notices to be executed and apostilled in the same manner as the original notices and sent to the Insolvency Administrator with a copy of the judgment and order.