Ivanhoe Mines Ltd v Gardner

Ivanhoe Mines Ltd v Gardner

A real risk of dissipation was established based on Mr Gardner's prior conduct to avoid enforcement, his continued resistance to satisfying the judgment, the liquidity and transferability of his assets, and the practical difficulties and delays in enforcing English judgments in Spain. The freezing order was continued as just and convenient, with modifications to notification and information provisions, and costs were summarily assessed in Ivanhoe's favour.

Parties
Claimant: Ivanhoe Mines Limited (previously Ivanhoe Nickel and Platinum Limited); Defendant: Tony Ricky Gardner
Jurisdiction
England and Wales
Judgment Date
29 January 2020
Procedural Posture
Commercial Court Post Judgment Application / Return Date Hearing on Continuation and Variation of Worldwide Freezing Order
Outcome
Worldwide freezing order continued with modifications; ancillary relief granted in part; costs summarily assessed in favour of claimant.
Legal Topics
Freezing Injunctions, Post Judgment Relief, Risk of Dissipation, Enforcement of Foreign Judgments, Costs Assessment
Civil Procedure Commercial Law Enforcement of Judgments Freezing Injunctions Post Judgment Relief Risk of Dissipation Enforcement of Foreign Judgments Costs Assessment

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Parties

Ivanhoe Mines Limited (previously Ivanhoe Nickel and Platinum Limited)

Claimant

Tony Ricky Gardner

Defendant

Procedural Posture

Commercial Court Post Judgment Application / Return Date Hearing on Continuation and Variation of Worldwide Freezing Order

Legal Issues

  1. 1 Whether a real risk of dissipation of assets by the defendant exists justifying continuation of a worldwide freezing order
  2. 2 Whether it is just and convenient to continue the freezing order
  3. 3 Whether ancillary relief and variations to the freezing order should be granted, including notification provisions and information disclosure

Ratio Decidendi

A real risk of dissipation was established based on Mr Gardner's prior conduct to avoid enforcement, his continued resistance to satisfying the judgment, the liquidity and transferability of his assets, and the practical difficulties and delays in enforcing English judgments in Spain. The freezing order was continued as just and convenient, with modifications to notification and information provisions, and costs were summarily assessed in Ivanhoe's favour.

Court Disposition

Worldwide freezing order continued with modifications; ancillary relief granted in part; costs summarily assessed in favour of claimant.

Orders

  • Continuation of worldwide freezing order up to £673,500 against Mr Gardner's assets
  • Notification provision requiring 14 days’ notice to Ivanhoe for payments out of specified Spanish bank accounts below threshold