Jewson v Heatspace Ltd

Jewson v Heatspace Ltd

The claimant is entitled to a continuation of the injunction in a reduced sum of £123,000 as she has an arguable proprietary interest in the proceeds and faces a risk of misapplication absent protective relief, despite procedural defaults which are reflected in costs.

Parties
Claimant: Phillippa Jewson; Defendant: Heatspace Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2007
Procedural Posture
Civil / Interlocutory Application for Continuation of Injunction
Outcome
Injunction continued in reduced sum of £123,000; no order as to costs on main application; claimant ordered to pay £1,000 costs for separate application to defer judgment.
Legal Topics
Injunctions, Directors' Loans, Shareholder Disputes, Distribution of Company Assets
Company Law Equity Injunctions Directors' Loans Shareholder Disputes Distribution of Company Assets

Case Brief

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Parties

Phillippa Jewson

Claimant

Heatspace Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Continuation of Injunction

Legal Issues

  1. 1 Whether the claimant is entitled to a continuation of the injunction restraining Heatspace Limited from dealing with the proceeds of sale pending resolution of her claims
  2. 2 Whether the claimant has a proprietary or analogous interest in the proceeds sufficient to justify injunctive relief
  3. 3 Whether procedural defaults by the claimant disentitle her to continued injunctive relief

Ratio Decidendi

The claimant is entitled to a continuation of the injunction in a reduced sum of £123,000 as she has an arguable proprietary interest in the proceeds and faces a risk of misapplication absent protective relief, despite procedural defaults which are reflected in costs.

Court Disposition

Injunction continued in reduced sum of £123,000; no order as to costs on main application; claimant ordered to pay £1,000 costs for separate application to defer judgment.

Orders

  • Injunction restraining Heatspace Limited from dealing with £123,000 of sale proceeds continued until after judgment or further order.
  • No order as to costs on main application.