Greenwich Inc Ltd v Dowling & Ors

Greenwich Inc Ltd v Dowling & Ors

The undertakings and freezing orders must be discharged due to failures in full and frank disclosure, misrepresentation of the standard form of orders, and errors by both counsel and solicitors in not drawing non-standard provisions to the court's attention. The court retains discretion to deliver judgment after settlement, and in this case, public interest and judicial transparency justify publication of the judgment.

Parties
Claimant: Greenwich Inc. Limited (in administration); Administrators: Stephen John Hunt and Timothy James Bramston; Claimant: Greenwich Inc. Trading Limited (in liquidation); Liquidator: Timothy James Bramston; Defendant: Frank Nugent Dowling; Defendant: Audrey McCracken; Defendant: Madison Lease Limited; Defendant: Craig O'Brien; Defendant: Trafalgar Tavern Trading Limited; Defendant: Spread Eagle Trading Limited; Defendant: American Bar & Grill Trading Limited; Defendant: Union Square Trading Limited; Defendant: Madison New Trading Limited
Jurisdiction
England and Wales
Judgment Date
15 July 2014
Procedural Posture
Civil / Ruling on Discharge of Undertakings/freezing Orders
Outcome
Undertakings and freezing orders discharged; court exercises discretion to deliver judgment despite settlement.
Legal Topics
Freezing Injunctions, Ex Parte Applications, Full and Frank Disclosure, Director Fiduciary Duties, Asset Dissipation, Non Standard Orders, Court Discretion, Settlement and Judgment Delivery
Insolvency Company Law Civil Procedure Freezing Injunctions Ex Parte Applications Full and Frank Disclosure Director Fiduciary Duties Asset Dissipation +3 more

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Parties

Greenwich Inc. Limited (in administration)

Claimant

Stephen John Hunt and Timothy James Bramston

Administrators

Greenwich Inc. Trading Limited (in liquidation)

Claimant

Timothy James Bramston

Liquidator

Frank Nugent Dowling

Defendant

Audrey McCracken

Defendant

Madison Lease Limited

Defendant

Craig O'Brien

Defendant

Trafalgar Tavern Trading Limited

Defendant

Spread Eagle Trading Limited

Defendant

American Bar & Grill Trading Limited

Defendant

Union Square Trading Limited

Defendant

Madison New Trading Limited

Defendant

Procedural Posture

Civil / Ruling on Discharge of Undertakings/freezing Orders

Legal Issues

  1. 1 Whether undertakings/freezing orders should be discharged due to failures in full and frank disclosure
  2. 2 Whether non-standard provisions in freezing orders were properly disclosed
  3. 3 Whether the court retains discretion to deliver judgment after settlement

Ratio Decidendi

The undertakings and freezing orders must be discharged due to failures in full and frank disclosure, misrepresentation of the standard form of orders, and errors by both counsel and solicitors in not drawing non-standard provisions to the court's attention. The court retains discretion to deliver judgment after settlement, and in this case, public interest and judicial transparency justify publication of the judgment.

Court Disposition

Undertakings and freezing orders discharged; court exercises discretion to deliver judgment despite settlement.

Orders

  • Discharge of undertakings and freezing orders granted.
  • Judgment delivered and published for public interest and procedural guidance.