Alta Trading UK Limited (Formerly Known as Arcadia Petroleum Limited) & Ors v Peter Miles Bosworth & Ors

Alta Trading UK Limited (Formerly Known as Arcadia Petroleum Limited) & Ors v Peter Miles Bosworth & Ors

The Defendants' applications to amend their pleadings to allege dishonesty by the Claimants in obtaining and maintaining the freezing order are allowed, as the amendments have a realistic prospect of success and raise arguable points of law regarding the 'own wrong' principle and causation. The Claimants' strike-out application is dismissed. The Defendants' requests for further information are allowed in part, specifically as to the awareness of key individuals regarding the allegations made, but not as to privileged communications or narrative references. The law in this area is developing and should be determined on actual facts at trial, not summarily.

Parties
Claimant: ALTA TRADING UK LIMITED (formerly known as ARCADIA PETROLEUM LIMITED); Claimant: ARCADIA ENERGY (SUISSE) SA; Claimant: ARCADIA ENERGY PTE. LTD.; Claimant: FARAHEAD HOLDINGS LIMITED; Defendant: PETER MILES BOSWORTH; Defendant: COLIN HURLEY; Defendant: STEPHEN CLIVE LANGFORD GIBBONS; Defendant: MARK RICHARD LANCE; Defendant: STEVEN KELBRICK; Defendant: SALEM CHUCRI MOUNZER; Defendant: ARCADIA PETROLEUM SAL OFFSHORE; Defendant: ARCADIA PETROLEUM LIMITED, MAURITIUS; Defendant: ATTOCK OIL INTERNATIONAL LIMITED, MAURITIUS; Defendant: THE CORNHILL GROUP LIMITED
Jurisdiction
England and Wales
Judgment Date
22 October 2025
Procedural Posture
Commercial Court Civil Claim (inquiry Into Damages) / Ruling on Applications to Amend Statements of Case, Strike Out, and Further Information in Damages Inquiry Post Trial
Outcome
Defendants' applications to amend allowed; Claimants' strike-out application dismissed; Defendants' requests for further information allowed in part.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Cross Undertaking in Damages, Causation, Dishonesty in Litigation, Freezing Orders, Public Policy—own Wrong Principle
Civil Procedure Commercial Law Equity Amendment of Pleadings Strike Out Applications Cross Undertaking in Damages Causation Dishonesty in Litigation +2 more

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Parties

ALTA TRADING UK LIMITED (formerly known as ARCADIA PETROLEUM LIMITED)

Claimant

ARCADIA ENERGY (SUISSE) SA

Claimant

ARCADIA ENERGY PTE. LTD.

Claimant

FARAHEAD HOLDINGS LIMITED

Claimant

PETER MILES BOSWORTH

Defendant

COLIN HURLEY

Defendant

STEPHEN CLIVE LANGFORD GIBBONS

Defendant

MARK RICHARD LANCE

Defendant

STEVEN KELBRICK

Defendant

SALEM CHUCRI MOUNZER

Defendant

ARCADIA PETROLEUM SAL OFFSHORE

Defendant

ARCADIA PETROLEUM LIMITED, MAURITIUS

Defendant

ATTOCK OIL INTERNATIONAL LIMITED, MAURITIUS

Defendant

THE CORNHILL GROUP LIMITED

Defendant

Procedural Posture

Commercial Court Civil Claim (inquiry Into Damages) / Ruling on Applications to Amend Statements of Case, Strike Out, and Further Information in Damages Inquiry Post Trial

Legal Issues

  1. 1 Whether Defendants may amend pleadings to allege Claimants' dishonesty in obtaining and maintaining a freezing order
  2. 2 Whether such dishonesty, if proven, precludes Claimants from relying on causation defences based on the underlying fraud claims
  3. 3 Whether the 'own wrong' principle applies to prevent Claimants from relying on their own alleged wrongdoing to defeat Defendants' damages claims

Ratio Decidendi

The Defendants' applications to amend their pleadings to allege dishonesty by the Claimants in obtaining and maintaining the freezing order are allowed, as the amendments have a realistic prospect of success and raise arguable points of law regarding the 'own wrong' principle and causation. The Claimants' strike-out application is dismissed. The Defendants' requests for further information are allowed in part, specifically as to the awareness of key individuals regarding the allegations made, but not as to privileged communications or narrative references. The law in this area is developing and should be determined on actual facts at trial, not summarily.

Court Disposition

Defendants' applications to amend allowed; Claimants' strike-out application dismissed; Defendants' requests for further information allowed in part.

Orders

  • Permission granted to Defendants to amend statements of case to plead dishonesty allegations as specified.
  • Claimants' application to strike out dishonesty allegations dismissed.