Mex Group Worldwide Ltd (claimant/appellant) & anr v Cormack & ors (defendants/respondents)

Monday 22 – Wednesday 24 July 2024

The case concerns a collective investment scheme that collapsed after it was revealed that some of the investments were unlawful. The Claimant (C) has benefit of a settlement agreement in the BVI. Some of the Defendants are seeking to impugn that settlement agreement on grounds that it was procured by fraud. C has counterclaimed alleging that the settlement was genuine.

C has also issued proceedings in Scotland claiming damages against the Ds for unlawful means conspiracy to impugn the settlement agreement. C obtained a search and seizure order in Scotland but could not get WWFO.

Accordingly C sought a WWFO in England from Lavender J. Simon Tinkler (DHCJ) discharged that injunction and it is that order which is under appeal.

The case also raises important issues of law and practice concerning the application of s 25 CJJA 1982 post-Brexit when interim relief is sought in one part of the UK (England) in aid of substantive proceedings brought in another part of the UK (Scotland).

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2

Day 3

Part 1

Part 2