Claimants Listed in Schedule 1 v Spence & Ors [2021] EWHC 276 (Comm) (04 February 2021)

Claimants Listed in Schedule 1 v Spence & Ors [2021] EWHC 276 (Comm) (04 February 2021)

The claimants established a good arguable case in deceit and conspiracy, a real risk of dissipation of assets by the first, second, and third defendants, and that it is just and convenient to grant a worldwide freezing order and ancillary relief. The requirements for service out of the jurisdiction and enforcement in Florida are satisfied.

Citation
[2021] EWHC 276 (Comm)
Parties
Claimants/applicants: Claimants listed in Schedule 1; Defendant/injunction Respondent: Nicholas Spence; Defendant/injunction Respondent: Derek Kewley; Defendant/injunction Respondent: Andrew Crump; Defendant/respondent: Emerging Property Investments Limited (in liquidation); Defendant: Emerging Property Limited; Defendant/respondent: Green Park Holdings (Ilfracombe) Limited; Defendant/respondent: Green Park (Holdings) Limited (in administration); Defendant: GP Ilfracombe Management Company Ltd; Defendant: Green Parks (Westward Ho!) Management Company Limited; Defendant: Alpha Properties (Bradford) Limited; Defendant: A1 Properties (Sunderland) Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Commercial Court Application for Interim Relief / Ex Parte Application for Worldwide Freezing Order and Ancillary Relief
Outcome
Worldwide freezing order and ancillary relief granted against first, second, and third defendants; permission to enforce in Florida granted; applications against fourth and seventh defendants refused at this stage.
Legal Topics
Freezing Injunctions, Deceit, Unlawful Means Conspiracy, Asset Dissipation, Jurisdiction, Service Out of the Jurisdiction, Misrepresentation, Rescission
Civil Procedure Commercial Law Fraud Freezing Injunctions Deceit Unlawful Means Conspiracy Asset Dissipation Jurisdiction +3 more

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Parties

Claimants listed in Schedule 1

Claimants/applicants

Nicholas Spence

Defendant/injunction Respondent

Derek Kewley

Defendant/injunction Respondent

Andrew Crump

Defendant/injunction Respondent

Emerging Property Investments Limited (in liquidation)

Defendant/respondent

Emerging Property Limited

Defendant

Green Park Holdings (Ilfracombe) Limited

Defendant/respondent

Green Park (Holdings) Limited (in administration)

Defendant/respondent

GP Ilfracombe Management Company Ltd

Defendant

Green Parks (Westward Ho!) Management Company Limited

Defendant

Alpha Properties (Bradford) Limited

Defendant

A1 Properties (Sunderland) Limited

Defendant

Procedural Posture

Commercial Court Application for Interim Relief / Ex Parte Application for Worldwide Freezing Order and Ancillary Relief

Legal Issues

  1. 1 Whether the claimants have a good arguable case in deceit and conspiracy
  2. 2 Whether there is a real risk of dissipation of assets justifying a worldwide freezing order
  3. 3 Whether it is just and convenient to grant the relief sought

Ratio Decidendi

The claimants established a good arguable case in deceit and conspiracy, a real risk of dissipation of assets by the first, second, and third defendants, and that it is just and convenient to grant a worldwide freezing order and ancillary relief. The requirements for service out of the jurisdiction and enforcement in Florida are satisfied.

Court Disposition

Worldwide freezing order and ancillary relief granted against first, second, and third defendants; permission to enforce in Florida granted; applications against fourth and seventh defendants refused at this stage.

Orders

  • Worldwide freezing order against first, second, and third defendants
  • Supporting disclosure orders against injunction respondents