Ashley & Anor v Jimenez [2019] EWHC 1806 (Ch) (31 May 2019)

Ashley & Anor v Jimenez [2019] EWHC 1806 (Ch) (31 May 2019)

Judgment granted for the claimants on claims in deceit and breach of Quistclose trust; defendant knowingly made false representations and misapplied funds; proper service was effected; alternative service permitted; compound interest and costs awarded.

Citation
[2019] EWHC 1806 (Ch)
Parties
Claimant: Michael Ashley; Claimant: St James's Holdings Limited; Defendant: Tony Michael Jimenez
Jurisdiction
England and Wales
Judgment Date
31 May 2019
Procedural Posture
Civil / Judgment on Merits Following Application
Outcome
Judgment for claimants
Legal Topics
Deceit, Quistclose Trust, Service of Documents, Costs, Compound Interest
Civil Fraud Trusts Commercial Law Deceit Quistclose Trust Service of Documents Costs Compound Interest

Case Brief

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Parties

Michael Ashley

Claimant

St James's Holdings Limited

Claimant

Tony Michael Jimenez

Defendant

Procedural Posture

Civil / Judgment on Merits Following Application

Legal Issues

  1. 1 Whether the court should grant judgment on the merits for claims in deceit and breach of Quistclose trust
  2. 2 Whether proper service of the application was effected on the defendant
  3. 3 Whether alternative service methods are permissible

Ratio Decidendi

Judgment granted for the claimants on claims in deceit and breach of Quistclose trust; defendant knowingly made false representations and misapplied funds; proper service was effected; alternative service permitted; compound interest and costs awarded.

Court Disposition

Judgment for claimants

Orders

  • Defendant to pay £3 million (euro equivalent) to claimants as equitable compensation
  • Defendant to pay compound interest on £3 million