HURRICANE ENERGY PLC & Ors v RICHARD PAUL CHAFFE & Ors

HURRICANE ENERGY PLC & Ors v RICHARD PAUL CHAFFE & Ors

The proceedings were commenced without authority and are fundamentally flawed; declarations and injunctions are necessary to protect the claimants and clarify their officers; Mr Hussain is to be joined for injunctive and costs purposes; costs are awarded on indemnity basis and assessed summarily.

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 / Judgment on Application to Strike Out and for Injunctive Relief
Outcome
Claim struck out; declarations and injunctions granted; costs awarded against Mr Hussain.
Legal Topics
Authority to Commence Proceedings, Director Removal and Appointment, Fraudulent Litigation, Injunctive Relief, Costs Assessment, Civil Restraint Orders
Company Law Civil Procedure Fraud Authority to Commence Proceedings Director Removal and Appointment Fraudulent Litigation Injunctive Relief Costs Assessment +1 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 / Judgment on Application to Strike Out and for Injunctive Relief

Legal Issues

  1. 1 Whether proceedings were commenced without authority
  2. 2 Whether declarations and injunctions should be granted to protect claimants
  3. 3 Whether Mr Hussain should be joined for injunctive and costs purposes

Ratio Decidendi

The proceedings were commenced without authority and are fundamentally flawed; declarations and injunctions are necessary to protect the claimants and clarify their officers; Mr Hussain is to be joined for injunctive and costs purposes; costs are awarded on indemnity basis and assessed summarily.

Court Disposition

Claim struck out; declarations and injunctions granted; costs awarded against Mr Hussain.

Orders

  • Declaration that proceedings were issued without authority of first to ninth claimants.
  • Declaration that Daniel Quirk had no authority to sign claim form.