MEX GROUP WORLDWIDE LTD AGAINST STEWART OWEN FORD AND OTHERS [2024] ScotCS CSOH_51 (17 May 2024)

MEX GROUP WORLDWIDE LTD AGAINST STEWART OWEN FORD AND OTHERS [2024] ScotCS CSOH_51 (17 May 2024)

The court found that the petitioner failed in its duty of full and frank disclosure at the ex parte hearing by omitting material facts, including regulatory warnings, the litigation history of its owner, and the true nature of alleged bribes. The non-disclosures were substantial and deliberate, and would have been material to the court's consideration of the order. The court held that the appropriate remedy was to recall the section 1 order and return the seized property, regardless of whether the order might have been granted had full disclosure been made.

Citation
[2024] ScotCS CSOH_51
Parties
Petitioner: MEX Group Worldwide Limited; First Respondent: Stewart Owen Ford; Second Respondent: Brian Robert Cormack; Third Respondent: Melville Consulting Partners Limited; Fourth Respondent: Melville Consulting Associates Limited; Fifth Respondent: Regal Consultancy International Limited; Sixth Respondent: CSM Securities SARL
Jurisdiction
Scotland
Judgment Date
17 May 2024
Procedural Posture
Petition for Order Under Section 1 of the Administration of Justice (scotland) Act 1972 / Motion to Recall Ex Parte Order
Outcome
Section 1 order recalled; seized property to be returned to respondents.
Legal Topics
Ex Parte Orders, Full and Frank Disclosure, Anton Piller Orders, Unlawful Means Conspiracy, Breach of Contract, Recovery of Documents
Civil Procedure Commercial Law Ex Parte Orders Full and Frank Disclosure Anton Piller Orders Unlawful Means Conspiracy Breach of Contract Recovery of Documents

Case Brief

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Parties

MEX Group Worldwide Limited

Petitioner

Stewart Owen Ford

First Respondent

Brian Robert Cormack

Second Respondent

Melville Consulting Partners Limited

Third Respondent

Melville Consulting Associates Limited

Fourth Respondent

Regal Consultancy International Limited

Fifth Respondent

CSM Securities SARL

Sixth Respondent

Procedural Posture

Petition for Order Under Section 1 of the Administration of Justice (scotland) Act 1972 / Motion to Recall Ex Parte Order

Legal Issues

  1. 1 Whether the petitioner failed in its duty of full and frank disclosure at the ex parte hearing for a section 1 order
  2. 2 Whether the petitioner had a prima facie case justifying the section 1 order
  3. 3 Whether the section 1 order should be recalled and seized property returned

Ratio Decidendi

The court found that the petitioner failed in its duty of full and frank disclosure at the ex parte hearing by omitting material facts, including regulatory warnings, the litigation history of its owner, and the true nature of alleged bribes. The non-disclosures were substantial and deliberate, and would have been material to the court's consideration of the order. The court held that the appropriate remedy was to recall the section 1 order and return the seized property, regardless of whether the order might have been granted had full disclosure been made.

Court Disposition

Section 1 order recalled; seized property to be returned to respondents.

Orders

  • Section 1 order of 18 October 2023 recalled.
  • All property seized under the order to be returned to the respondents.