Simon Mills obtains extended freezing orders and judgment without trial

24th April 2019

On 9 January 2019 Hildyard J. entered summary judgment in Watson v Applegarth Dene Ltd & Christopher Hatton on an oral application just days before a 5 day-trial concerning Claimants’ claim for deferred consideration under a share purchase agreement for the sale of an accountancy practice, Danton Partners Limited.

Simon Mills was instructed in October 2018 and quickly obtained two worldwide freezing orders with extended disclosure regarding discretionary trusts and foreign property, and an order for specific disclosure.  By early December 2018 much of the defence had been struck out for failure to comply with the order for specific disclosure, and the rump of the defence was struck out weeks later because the Defendants failed to pay the costs of the applications.  The Claimants then applied for judgment before Hildyard J.  Although the evening before the hearing the directors of Applegarth Dene applied for an administration order which imposed an interim statutory moratorium upon the continuance of legal proceedings against the company, the judge gave permission to continue with the application and entered summary judgment against the company and its directors. The judge also continued the freezing order against all defendants post-judgment, and he accepted that the court had jurisdiction to increase the amount of the order so as to include an installment that was not yet due.

Simon Mills, instructed by Craig Williams of B P Collins LLP, acted for the successful Claimants’.