Chantal Weldon v Godiva Mortgages Limited & Anor
[2024] EWHC 316 (KB)
Dean McGuinness & Anor v Edward Avery Gee & Ors
20 October 2023
[2023] EWHC 3283 (Ch)
High Court
Someone tried to stop a property sale, but the court said no. They hadn't followed the right rules, and it was too late anyway. They have to pay the other side's legal costs.
Key Facts
- •Hitcham Homes Ltd (in administration) and Dean McGuinness applied for an injunction to restrain the sale of property at Station Yard, Hungerford.
- •Goldentree Financial Services Ltd (GFS) holds a floating charge over Hitcham Homes' assets, including the property.
- •Mr. McGuinness is the sole director of Hitcham Homes and had provided a personal guarantee secured by a charge over his property.
- •GFS demanded repayment of a loan, leading to the appointment of administrators for Hitcham Homes.
- •Applicants claim the loan and floating charge are unenforceable under the Financial Services and Markets Act 2000.
- •An interim injunction was granted, then the matter came before Judge Halliwell for further consideration.
Legal Principles
Abuse of process; re-litigating issues already determined or which should have been determined.
Henderson v Henderson [1843] 3 Hare 100, 67 ER 313; Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46; [2014] AC 160
Definition of 'regulated activity' under the Financial Services and Markets Act 2000.
Financial Services and Markets Act 2000, sections 22(1) and 26; Regulated Activities Order 2001, Article 61
Laches as a bar to equitable relief.
Re Bailey, Hay & Co. Ltd [1971] 1 WLR 1357
Outcomes
Application for injunctive relief dismissed.
The application was procedurally misconceived; applicants had no realistic prospect of success; the balance of convenience favored respondents; issues should have been raised before Judge Prentis; the company was not lawfully joined as an applicant; Mr. McGuinness lacked standing.
Costs awarded to respondents on an indemnity basis.
Respondents were successful parties; applicants' conduct and delay contributed to the situation.