![]() The second defendant, Mohammed Iqbal Khan ("Mr Khan"), was at the relevant times the sole director of Allied Fort. Allied Fort is engaged in the business of an insurance broker. Creation is engaged in the business of insurance premium financing. So far as relevant to this appeal, they contain the following allegations.Ĩ. They run to 17 pages (without annexures). Creation filed particulars of claim dated 13 June 2012. He continued the injunction but gave the defendants an express right to vary or discharge it.ħ. It is not necessary to describe the contents of those further affidavits. There was also an affidavit in support of Stavros Makaritis, the group finance director of Creation. Ms Gregory swore a third affidavit for the purposes of the hearing on that date. Sales J made a freezing order until 6 June 2012. That ran to 24 pages and 136 paragraphs.Ħ. It was also supported by an unsworn (but subsequently sworn) affidavit of Heidi Hartgrove, the Midlands regional manager for Creation. Katie Gregory, who described herself as the "client stability accountant" for Creation's parent company, swore two affidavits in support of the application. On Creation made an ex parte application before Sales J for a freezing injunction against all 12 defendants. (4) The 1st Defendant is liable to account to the Claimant for its receipt of the Claimant's money which constitutes money had and received by the Defendants to the Claimant's use and dealt with in breach of trust." The proceedingsĥ. (3) In fact the data which the 1st Defendant supplied to the Claimant consisted of multiple variations of the names, addresses and bank accounts of the remaining Defendants of whom the 6th 12th Defendants are companies owned or controlled by the 2nd 4th Defendants, and the 5th Defendant is a close associate of and co-resident with the 4th Defendant. (2) The 1st Defendant (as the remaining Defendants well knew) entered false and/or misleading data into a computerised software accounting programme supplied to it by the Claimant, for the purpose of creating multiple false loan accounts by fraudulently misrepresenting that applications for finance were being made by genuine customers. The claim form then contains the following four paragraphs elaborating the claim: "(1) With the knowing assistance and collusion of the 2nd 12th Defendants, the 1st Defendant is in breach of fiduciary duty to the Claimant and in wilful default of the express terms of an agency agreement between the Claimant and the 1st Defendant dated about December 2006 by reason of providing false and misleading information concerning applications for loan funding. There is also a claim for an interim injunction freezing assets pending judgment. ![]() It states that the claim is for damages for breach of agency, breach of trust and/or fraudulent misrepresentation accounts and inquiries into the dealings of all the defendants knowingly in receipt of money had and received by the defendants to Creation's use in the course of the agency in and since February 2008 payment of any sums found due compound interest costs and other relief. The loans were generally repayable over 10 months.Ĥ. Between 20 Allied Fort was Creation's agent for the purposes of entering into such loans and had Creation's authority, on certain terms, to bind Creation to such loans. Creation lends money to people who wish to take out insurance policies and wish to borrow money to pay the premium.ģ. The first defendant, Allied Fort Insurance Services Limited ("Allied Fort"), is an insurance broker. This is an appeal from the order dated 15 November 2013 of Mr Stephen Jourdan QC, sitting as a Deputy High Court Judge, granting summary judgment to the claimant, Creation Consumer Finance Limited ("Creation") on part of its claim against the 12 defendants. ![]()
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