MEX GROUP WORLDWIDE LTD AGAINST STEWART OWEN FORD AND OTHERS [2024] ScotCS CSOH_52 (17 May 2024)

The pursuer has stated a prima facie case of the requisite standard, constituting a good arguable case, and therefore the defenders' motion for recall of the warrant to arrest is refused.

Citation: [2024] ScotCS CSOH_52
Parties: Pursuer: MEX Group Worldwide Limited; First Defender: Stewart Owen Ford; Second Defender: Brian Robert Cormack; Third Defender: Colm Denis Smith; Fourth Defender: Michael Gollits; Fifth Defender: Melville Consulting Partners Limited; Sixth Defender: Melville Consultancy Limited; Seventh Defender: Regal Consultancy International Limited; Eighth Defender: CSM Securities SARL; Ninth Defender: Von Der Heydt & Co AG; Tenth Defender: Von Der Heydt Invest SA; Eleventh Defender: MEX Securities SARL; Twelfth Defender: Viacheslav (Slava) Volotovskiy
Jurisdiction: Scotland
Judgment Date: 17 May 2024
Procedural Posture: Commercial Action / Motion for Recall of Warrant to Arrest on the Dependence
Outcome: Defenders' motion for recall of the warrant to arrest refused
Legal Topics: Recall of Diligence, Warrant to Arrest on the Dependence, Prima Facie Case, Debtors (scotland) Act 1987

Civil Procedure Commercial Law Recall of Diligence Warrant to Arrest on the Dependence Prima Facie Case Debtors (scotland) Act 1987

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Parties

MEX Group Worldwide Limited

Pursuer

Stewart Owen Ford

First Defender

Brian Robert Cormack

Second Defender

Colm Denis Smith

Third Defender

Michael Gollits

Fourth Defender

Melville Consulting Partners Limited

Fifth Defender

Melville Consultancy Limited

Sixth Defender

Regal Consultancy International Limited

Seventh Defender

CSM Securities SARL

Eighth Defender

Von Der Heydt & Co AG

Ninth Defender

Von Der Heydt Invest SA

Tenth Defender

MEX Securities SARL

Eleventh Defender

Viacheslav (Slava) Volotovskiy

Twelfth Defender

Procedural Posture

Commercial Action / Motion for Recall of Warrant to Arrest on the Dependence

Legal Issues

1 Whether the pursuer has established a prima facie case sufficient to justify the continuation of the warrant to arrest on the dependence
2 Whether the defenders have shown grounds for recall of the warrant under section 15K(5)(a)(i) of the Debtors (Scotland) Act 1987

Ratio Decidendi

The pursuer has stated a prima facie case of the requisite standard, constituting a good arguable case, and therefore the defenders' motion for recall of the warrant to arrest is refused.

Court Disposition

Defenders' motion for recall of the warrant to arrest refused