re Leisurenet v [2002] JRC 225 (29 November 2002)

re Leisurenet v [2002] JRC 225 (29 November 2002)

Court grants interim Mareva injunctions with modifications to disclosure timelines and scope, and orders that first and second defendants may access up to £20,000 for legal costs from frozen assets, reflecting the mixed proprietary and personal nature of the claim.

Citation
[2002] JRC 225
Parties
Plaintiff: Leisurenet Limited (Liquidators); Defendant: First Defendant; Defendant: Second Defendant; Defendant: Third Defendant; Defendant: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
29 November 2002
Procedural Posture
Interim Injunction (mareva) Application / Ex Parte Hearing
Outcome
Interim Mareva injunctions granted with modifications; interim order for legal costs up to £20,000 for first and second defendants; costs in the cause except costs for service out and substituted service ordered against plaintiffs.
Legal Topics
Freezing Injunction, Fiduciary Duty, Proprietary Claim, Personal Claim, Legal Costs, Service of Process
Company Law Civil Procedure Freezing Injunction Fiduciary Duty Proprietary Claim Personal Claim Legal Costs Service of Process

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Parties

Leisurenet Limited (Liquidators)

Plaintiff

First Defendant

Defendant

Second Defendant

Defendant

Third Defendant

Defendant

Fourth Defendant

Defendant

Procedural Posture

Interim Injunction (mareva) Application / Ex Parte Hearing

Legal Issues

  1. 1 Whether interim Mareva injunctions should be granted against defendants
  2. 2 Whether defendants are entitled to payment of legal costs from frozen assets
  3. 3 Distinction between proprietary and personal claims for purposes of legal costs

Ratio Decidendi

Court grants interim Mareva injunctions with modifications to disclosure timelines and scope, and orders that first and second defendants may access up to £20,000 for legal costs from frozen assets, reflecting the mixed proprietary and personal nature of the claim.

Court Disposition

Interim Mareva injunctions granted with modifications; interim order for legal costs up to £20,000 for first and second defendants; costs in the cause except costs for service out and substituted service ordered against plaintiffs.

Orders

  • Mareva injunctions granted restraining disposal of assets and requiring disclosure of information
  • First and second defendants entitled to legal costs up to £20,000 upon production of invoices