Hurricane Energy PLC & Ors v Chaffe & Ors [2021] EWHC 2258 (Comm) (06 August 2021)

Hurricane Energy PLC & Ors v Chaffe & Ors [2021] EWHC 2258 (Comm) (06 August 2021)

The proceedings were commenced without authority by Mr Hussain, rendering them void. Declarations and injunctions are necessary to protect the claimants and clarify the position to third parties. Mr Hussain should be joined for the purpose of injunctive relief and costs. Costs are awarded on the indemnity basis, with a summary assessment and a reduction in counsel's fees.

Citation
[2021] EWHC 2258 (Comm)
Parties
Claimant: Hurricane Energy PLC; Claimant: Hurricane Holdings Limited; Claimant: Hurricane (Whirlwind) Limited; Claimant: Hurricane Group Limited; Claimant: Hurricane GLA Limited; Claimant: Hurricane GWA Limited; Claimant: Hurricane (Strathmore) Limited; Claimant: Hurricane Petroleum Limited; Claimant: Hurricane Basement Limited; Claimant: FVS Investment Limited; Claimant: Saret Holdings Corp; Defendant: Richard Paul Chaffe; Defendant: David Ian Craik; Defendant: Antony Wayne Maris; Defendant: Alan John Wright; Respondent: Rizwan Hussain
Jurisdiction
England and Wales
Judgment Date
06 August 2021
Procedural Posture
Commercial Court Application / Application to Strike Out Claim, for Declarations, Injunctions, Joinder and Costs
Outcome
Claim struck out as void; declarations and injunctions granted; Mr Hussain joined for injunctive relief and costs; costs awarded on indemnity basis; referral to Attorney-General for vexatious litigant proceedings.
Legal Topics
Authority to Commence Proceedings, Fraudulent Misrepresentation, Directors' Powers and Removal, Civil Restraint Orders, Costs Assessment, Joinder of Parties, Injunctions, Declarations
Company Law Civil Procedure Fraud Authority to Commence Proceedings Fraudulent Misrepresentation Directors' Powers and Removal Civil Restraint Orders Costs Assessment +3 more

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Parties

Hurricane Energy PLC

Claimant

Hurricane Holdings Limited

Claimant

Hurricane (Whirlwind) Limited

Claimant

Hurricane Group Limited

Claimant

Hurricane GLA Limited

Claimant

Hurricane GWA Limited

Claimant

Hurricane (Strathmore) Limited

Claimant

Hurricane Petroleum Limited

Claimant

Hurricane Basement Limited

Claimant

FVS Investment Limited

Claimant

Saret Holdings Corp

Claimant

Richard Paul Chaffe

Defendant

David Ian Craik

Defendant

Antony Wayne Maris

Defendant

Alan John Wright

Defendant

Rizwan Hussain

Respondent

Procedural Posture

Commercial Court Application / Application to Strike Out Claim, for Declarations, Injunctions, Joinder and Costs

Legal Issues

  1. 1 Whether proceedings were commenced without authority on behalf of the claimants
  2. 2 Whether Mr Hussain or his nominees had any authority to act for the claimants
  3. 3 Whether declarations and injunctions should be granted to protect the claimants

Ratio Decidendi

The proceedings were commenced without authority by Mr Hussain, rendering them void. Declarations and injunctions are necessary to protect the claimants and clarify the position to third parties. Mr Hussain should be joined for the purpose of injunctive relief and costs. Costs are awarded on the indemnity basis, with a summary assessment and a reduction in counsel's fees.

Court Disposition

Claim struck out as void; declarations and injunctions granted; Mr Hussain joined for injunctive relief and costs; costs awarded on indemnity basis; referral to Attorney-General for vexatious litigant proceedings.

Orders

  • Declaration that proceedings were issued without authority of the 1st to 9th claimants
  • Declaration that 'Daniel Quirk' had no authority to sign the claim form