Meadow Designs Ltd & Ors v Rishco Leisure Ltd & Anor [2022] EWHC 2211 (Ch) (22 August 2022)

Meadow Designs Ltd & Ors v Rishco Leisure Ltd & Anor [2022] EWHC 2211 (Ch) (22 August 2022)

The Court found that while the Claimants breached their duties of full and frank disclosure and failed to comply with undertakings as to service, it would be disproportionate to discharge the injunction entirely. The injunction was varied to reduce its scope, reflecting the breaches and the current circumstances. Ancillary orders were made for appointment of Accura as joint auditor of RLL and provision of limited further information, but not for appointment of a director to other companies. The costs order from 13 May 2022 was discharged, with costs to be addressed at a consequentials hearing.

Citation
[2022] EWHC 2211 (Ch)
Parties
Claimant: Meadow Designs Limited; Claimant: Rainmead Ltd.; Claimant: Tiderealm Ltd; Claimant: Templebarn Ltd; Claimant: Julian Lewis Tendler; Defendant: Rishco Leisure Limited; Defendant: Jason Marc Rishover
Jurisdiction
England and Wales
Judgment Date
22 August 2022
Procedural Posture
Interlocutory Applications in Civil Proceedings (injunctions) / Post Injunction, Hearing of Applications to Discharge or Vary Interim Injunction
Outcome
Injunction varied and continued in reduced scope; ancillary orders granted in part; costs order discharged.
Legal Topics
Interim Injunctions, Joint Venture Disputes, Shareholder Rights, Breach of Contract, Duties of Full and Frank Disclosure, Costs Orders
Commercial Law Equity and Trusts Company Law Civil Procedure Interim Injunctions Joint Venture Disputes Shareholder Rights Breach of Contract +2 more

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Parties

Meadow Designs Limited

Claimant

Rainmead Ltd.

Claimant

Tiderealm Ltd

Claimant

Templebarn Ltd

Claimant

Julian Lewis Tendler

Claimant

Rishco Leisure Limited

Defendant

Jason Marc Rishover

Defendant

Procedural Posture

Interlocutory Applications in Civil Proceedings (injunctions) / Post Injunction, Hearing of Applications to Discharge or Vary Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction granted on 13 May 2022 should be discharged or varied
  2. 2 Whether the Claimants failed in their duty of full and frank disclosure
  3. 3 Whether the Claimants breached undertakings to the Court regarding service

Ratio Decidendi

The Court found that while the Claimants breached their duties of full and frank disclosure and failed to comply with undertakings as to service, it would be disproportionate to discharge the injunction entirely. The injunction was varied to reduce its scope, reflecting the breaches and the current circumstances. Ancillary orders were made for appointment of Accura as joint auditor of RLL and provision of limited further information, but not for appointment of a director to other companies. The costs order from 13 May 2022 was discharged, with costs to be addressed at a consequentials hearing.

Court Disposition

Injunction varied and continued in reduced scope; ancillary orders granted in part; costs order discharged.

Orders

  • Injunction order amended to reduce its scope
  • No order appointing Mr Ingrao as director of companies other than RLL