London Capital & Finance Plc & Ors v Thomson & Ors [2020] EWHC 2490 (Ch) (14 September 2020)

London Capital & Finance Plc & Ors v Thomson & Ors [2020] EWHC 2490 (Ch) (14 September 2020)

The Third and Fourth Respondents are not precluded from raising arguments on arguable case and factual risk of dissipation at the further hearing because, although theoretically open to them, those points were not practically available at the earlier hearing due to lack of time and funding, and they did not elect to abandon them or act abusively.

Citation
[2020] EWHC 2490 (Ch)
Parties
Claimant: London Capital & Finance plc (in administration); Claimant: Finbarr O'Connell, Adam Stephens, Henry Shinners, Colin Hardman and Geoffrey Rowley (Joint Administrators of London Capital & Finance plc); Claimant: London Oil & Gas Limited (in administration); Claimant: Finbarr O'Connell, Adam Stephens, Colin Hardman and Lane Bednash (Joint Administrators of London Oil & Gas Limited); Defendant: Michael Andrew Thomson; Defendant: Simon Hume-Kendall; Defendant: Elten Barker; Defendant: Spencer Golding; Defendant: Helen Hume-Kendall
Jurisdiction
England and Wales
Judgment Date
14 September 2020
Procedural Posture
Interlocutory Application (freezing Order) / Post Initial Hearing, Directions for Further Hearing
Outcome
Application by Claimants to preclude Third and Fourth Respondents from raising further grounds at next hearing is refused.
Legal Topics
Freezing Injunctions, Abuse of Process, Change of Circumstances, Interlocutory Relief
Civil Procedure Commercial Law Freezing Injunctions Abuse of Process Change of Circumstances Interlocutory Relief

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Parties

London Capital & Finance plc (in administration)

Claimant

Finbarr O'Connell, Adam Stephens, Henry Shinners, Colin Hardman and Geoffrey Rowley (Joint Administrators of London Capital & Finance plc)

Claimant

London Oil & Gas Limited (in administration)

Claimant

Finbarr O'Connell, Adam Stephens, Colin Hardman and Lane Bednash (Joint Administrators of London Oil & Gas Limited)

Claimant

Michael Andrew Thomson

Defendant

Simon Hume-Kendall

Defendant

Elten Barker

Defendant

Spencer Golding

Defendant

Helen Hume-Kendall

Defendant

Procedural Posture

Interlocutory Application (freezing Order) / Post Initial Hearing, Directions for Further Hearing

Legal Issues

  1. 1 Whether the Third and Fourth Respondents are precluded from raising arguments on arguable case and factual risk of dissipation at a further hearing, having previously only argued the 'narrow CRO point' and lost

Ratio Decidendi

The Third and Fourth Respondents are not precluded from raising arguments on arguable case and factual risk of dissipation at the further hearing because, although theoretically open to them, those points were not practically available at the earlier hearing due to lack of time and funding, and they did not elect to abandon them or act abusively.

Court Disposition

Application by Claimants to preclude Third and Fourth Respondents from raising further grounds at next hearing is refused.

Orders

  • Third and Fourth Respondents may argue good arguable case and factual risk of dissipation at the further hearing without showing a change of circumstances.
  • Third and Fourth Respondents must comply with the directions in paragraph 4 of the CMC Order dated 7 September in respect of any future discharge application.