CHANCERY DIVISION
B e f o r e :
____________________
COURTWOOD HOLDINGS S.A. | ||
Claimant | ||
-v- | ||
(1) WOODLEY PROPERTIES LIMITED | ||
(a company registered and incorporated under the laws of Jersey) | ||
(2) DOUGLAS MAGGS | ||
(3) THE HONOURABLE CHARLES GEORGE YULE BALFOUR | ||
(4) THE RIGHT HONOURABLE DAVID MELLOR | ||
(5) SVEA BALFOUR | ||
(6) WHARF LAND INVESTMENTS LIMITED (IN ADMINISTRATION) | ||
(7) NIGHT RHYTHM LIMITED | ||
(a company registered and incorporated under the laws of Gibraltar) | ||
(8) TAMADOT CAPITAL SA | ||
(a company registered and incorporated under the laws of Nevis) | ||
(9) KINGFISHER HOLDINGS LIMITED | ||
(a company registered and incorporated under the laws of Nevis) | ||
(10) WOODCOCK LIMITED | ||
(a company registered and incorporated under the laws of Gibraltar) | ||
(11) CHARLESTOWN MANAGEMENT LIMITED | ||
(a company registered and incorporated under the laws of Nevis) | ||
(12) CHATEAU MANAGEMENT LIMITED | ||
(a company registered and incorporated under the laws of Nevis) | Defendants |
____________________
MR T ROBINSON (instructed by Isadore Goldman) appeared on behalf of the Fifth, Ninth and Tenth Defendants.
MR G LIDINGTON (instructed by Birketts LLP) appeared on behalf of the Third Defendant.
MS B STEVENS HOARE QC and MS H TER BERG (instructed by CMS Cameron McKenna LLP) appeared on behalf of the First, Fourth, Eighth, Eleventh and Twelfth Defendants.
MR E DAVIES (instructed by DLA Piper LLP) appeared on behalf of the Sixth Defendant.
____________________
Crown Copyright ©
Friday, 14 July 2017
"The ordinary position is that a defendant who has resources of his own which are not affected by a good arguable claim by the claimant that they are the claimant's property, should be required to use those unaffected resources to finance his legal defence and to meet his living expenses."
I of course accept that and I would apply the same principle to an ordinary commercial debt.