Ashley Pratt, instructed by Robert Dougans of Preiskel & Co, appeared before Mr Justice Butcher in the Commercial Court on behalf of GFH Capital in successfully resisting David Haigh’s, the former Leeds United Managing Director, application to set aside earlier enforcement orders of Mrs Justice Cockerill.
The application follows a remarkably long case, which saw the original civil fraud claim being issued in 2014 and the trial taking place before Sir Jeremy Cooke at the DIFC. The trial found that Mr Haigh had fraudulently transferred GFH funds to himself and judgment was entered in the sums of AED 8,735,340 (dirham), $50,000, and £2,039,793.70. It later transpired that the funds had been used to inter alia purchase various properties in the UK.
Mr Justice Butcher refused to set aside earlier enforcement orders that Ashley Pratt obtained before Mrs Justice Cockerill on 29 January 2021 that allowed the transfer of the fraudulently obtained properties to GFH.
Mr Justice Butcher found that as David Haigh was an undischarged bankrupt he could not apply on behalf of the companies as he did not have locus standi by virtue of section 11 Company Directors Disqualification Act 1986. David Haigh had failed to make the relevant application to appear on behalf of the corporate entities under CPR 39.6.
In the event Mr Justice Butcher found that David Haigh did not have reasonable prospects of success were the enforcement orders to be set aside. It was quite clear that in earlier rulings (see, GFH Capital v Haigh  EWHC 1269, Henshaw J) had already decided on the issue of whether the properties owned by David Haigh and his associated corporate entities should transfer their interests to GFH. The enforcement orders were simply an emanation of the earlier rulings.
The report of the judgment can be found on Westlaw on the below link or at: GFH Capital v Haigh & ors  5 WLUK 179
To view the Judgment click HERE