Alta Trading UK Ltd & Ors v Bosworth & Ors [2025] EWHC 1837 (Comm) (18 July 2025)

Alta Trading UK Ltd & Ors v Bosworth & Ors [2025] EWHC 1837 (Comm) (18 July 2025)

The dishonesty allegations may be relevant to causation in the damages inquiry, specifically as to whether the Claimants' alleged dishonesty in obtaining the freezing order affects the losses suffered by the Defendants. The Defendants should be given an opportunity to plead their position on this point more precisely. The strike-out application is adjourned to allow this, rather than being granted or dismissed outright.

Citation
[2025] EWHC 1837 (Comm)
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
18 July 2025
Procedural Posture
Commercial Court Application (strike Out) / Post Trial, Pre Inquiry Into Damages, Application to Strike Out Dishonesty Allegations
Outcome
Application to strike out dishonesty allegations adjourned.
Legal Topics
Freezing Injunctions, Strike Out Applications, Damages Inquiry, Dishonesty Allegations, Causation, Mitigation, Aggravated Damages
Civil Procedure Commercial Law Freezing Injunctions Strike Out Applications Damages Inquiry Dishonesty Allegations Causation Mitigation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 38 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 Application (strike Out) / Post Trial, Pre Inquiry Into Damages, Application to Strike Out Dishonesty Allegations

Legal Issues

  1. 1 Whether allegations of dishonesty in obtaining a freezing order should be struck out from the pleadings in an inquiry into damages.
  2. 2 Whether such allegations are relevant to causation, mitigation, aggravated damages, interest, costs, and public interest.

Ratio Decidendi

The dishonesty allegations may be relevant to causation in the damages inquiry, specifically as to whether the Claimants' alleged dishonesty in obtaining the freezing order affects the losses suffered by the Defendants. The Defendants should be given an opportunity to plead their position on this point more precisely. The strike-out application is adjourned to allow this, rather than being granted or dismissed outright.

Court Disposition

Application to strike out dishonesty allegations adjourned.

Orders

  • Defendants to set out their position on the relevance of dishonesty allegations to causation with reasonable precision, likely by draft amendments to their Replies.
  • Claimants to have an opportunity to consider and respond to the Defendants' position.