Lowry Trading Ltd & Anor v Musicalize Ltd & Ors (No. 2) [2024] EWHC 773 (Comm) (08 April 2024)

Lowry Trading Ltd & Anor v Musicalize Ltd & Ors (No. 2) [2024] EWHC 773 (Comm) (08 April 2024)

Given the prima facie evidence of asset dealings and the Defendants' failure to provide adequate disclosure or information, the court is satisfied that a targeted order for disclosure of bank statements and provision of further information is reasonable and proportionate to establish compliance with the freezing orders.

Citation
[2024] EWHC 773 (Comm)
Parties
Claimant: Lowry Trading Limited; Claimant: SAS Financing Limited; Defendant: Musicalize Ltd; Defendant: Benjamin Delano Anderson; Defendant: Sophie Kate Anderson; Defendant: Musicalize Touring Limited; Defendant: Musicalize Touring Events Limited (in administration)
Jurisdiction
England and Wales
Judgment Date
08 April 2024
Procedural Posture
Commercial Court Claim / Post Summary Judgment; Application for Disclosure and Further Information
Outcome
Application granted in part; disclosure and further information ordered; costs reserved.
Legal Topics
Freezing Injunctions, Disclosure, Further Information Under CPR Part 18, Enforcement of Court Orders
Civil Procedure Commercial Law Freezing Injunctions Disclosure Further Information Under CPR Part 18 Enforcement of Court Orders

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Parties

Lowry Trading Limited

Claimant

SAS Financing Limited

Claimant

Musicalize Ltd

Defendant

Benjamin Delano Anderson

Defendant

Sophie Kate Anderson

Defendant

Musicalize Touring Limited

Defendant

Musicalize Touring Events Limited (in administration)

Defendant

Procedural Posture

Commercial Court Claim / Post Summary Judgment; Application for Disclosure and Further Information

Legal Issues

  1. 1 Whether the Defendants have complied with the terms of freezing orders regarding disclosure of asset dealings
  2. 2 Whether the Claimants are entitled to specific disclosure and further information under CPR Part 18
  3. 3 Whether the court should order disclosure and/or further information in the context of Business and Property Courts procedures

Ratio Decidendi

Given the prima facie evidence of asset dealings and the Defendants' failure to provide adequate disclosure or information, the court is satisfied that a targeted order for disclosure of bank statements and provision of further information is reasonable and proportionate to establish compliance with the freezing orders.

Court Disposition

Application granted in part; disclosure and further information ordered; costs reserved.

Orders

  • Defendants to provide by 4pm on 19 April 2024 all bank statements showing income from the Boxes from 21 October 2022 to date, with statements annexed to a witness statement signed by the Second and Third Defendants.
  • Defendants may redact confidential information but must file unredacted statements with the court as confidential documents.