Spyridoula-Maria Armeniakou v James Alexander Scott Thomson
The claimant established a good arguable case, a real risk of dissipation of assets, and it is just and convenient to grant a freezing order limited to England and Wales. There are exceptional circumstances justifying alternative service, and no evidence that such service would be unlawful under Greek law.
- Parties
- Claimant/applicant: Ms. Spyridoula-Maria Armeniakou; Defendant/respondent: Mr. James Alexander Scott Thomson
- Jurisdiction
- England and Wales
- Judgment Date
- 15 August 2024
- Procedural Posture
- Application Under Section 25 Civil Jurisdiction and Judgments Act 1982 / Without Notice Application for Freezing Order
- Outcome
- application granted in part
- Legal Topics
- Freezing Injunction, Ancillary Relief, Enforcement of Foreign Judgments, Alternative Service, Risk of Dissipation, Cryptocurrency Assets
Case Brief
Summary, issues, holding and outcome
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Parties
Ms. Spyridoula-Maria Armeniakou
Claimant/applicant
Mr. James Alexander Scott Thomson
Defendant/respondent
Procedural Posture
Application Under Section 25 Civil Jurisdiction and Judgments Act 1982 / Without Notice Application for Freezing Order
Legal Issues
- 1 Whether the claimant is entitled to a freezing order under section 25 of the Civil Jurisdiction and Judgments Act 1982 in aid of Greek proceedings
- 2 Whether there is a good arguable case on the merits
- 3 Whether there is a real risk of dissipation of assets by the defendant
Ratio Decidendi
The claimant established a good arguable case, a real risk of dissipation of assets, and it is just and convenient to grant a freezing order limited to England and Wales. There are exceptional circumstances justifying alternative service, and no evidence that such service would be unlawful under Greek law.
Court Disposition
application granted in part
Orders
- Domestic freezing order granted limited to England and Wales over defendant's assets, notably bank accounts, subject to usual exceptions.
- Permission granted for alternative service by the means proposed, including email and service on Greek lawyer.
Full Case Text
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