Great Hall Mortgages No.1 PLC & Anor v Law Debenture Corporate Services LTD & Ors
2022
COMMERCIAL COURT
UK
CORAM
- HIS HONOUR JUDGE PELLING QC
2022
COMMERCIAL COURT
UK
CORAM
Via Microsoft Teams
JUDGE PELLING:
This is an application for directions brought by Great Hall Mortgages No.1 PLC, the first Part 7 claimant in the Part 7 proceedings, and by Fieldfisher LLP, Duncan Black and Mr Michael Phillip Chissick (the proposed Part 7 defendants); and by Great Hall Mortgages No.1 PLC, Law Debenture Corporate Services Ltd, Mark Howard Filer, LDC Securitisation Director No.3 Ltd, LDC Securitisation Director No.4 Ltd and Law Debenture Intermediary Corporation PLC, who are the claimants in the Part 8 proceedings.
The background to this claim is that Great Hall Mortgages No.1 PLC has been the subject of what it maintains is a corporate attack by those who have no interest in and are wholly unauthorised to act on its behalf for the purpose effectively of securing control of it. In these proceedings Great Hall Mortgages No.1 PLC is the company against whom it is alleged the challenge has been made. Law Debenture Corporate Services Ltd is Great Hall's company secretary. Mr Filer, LCT Securitisation Director No.3 and No.4 are the genuine directors of Great Hall and Law Debenture Intermediary Corporate PLC is the share trustee for Great Hall. The proposed Part 7 defendants are Fieldfisher, the well-known London law firm, and two partners in that firm who are instructed by the Great Hall parties in relation to these proceedings.
The nature of the dispute that gives rise to the various applications before the court is effectively an assertion by those who claim to be the genuine directors of the company that attempts have been made by the Part 8 defendants illegitimately to assert control over Great Hall Mortgages No.1 PLC (the company) and in that regard in effect to remove the assets of that company from the control of its genuine directors,.
It is alleged by those who claim to be the genuine directors of the company that this is a claim or a dispute which has similarities with many others that have troubled both the Chancery Division and in the Commercial Court, which appear to be orchestrated by a Mr Hussain, using various pseudonyms and corporate vehicles registered in the Marshall Islands. It is said that this case has remarkable similarities with a case decided by Miles J, Business Mortgage Finance 4 Plc & Ors v Hussain [2021] EWCH 171 Ch. It is noteworthy that in that case Miles J found, as is alleged in this case, that the defendants in that case never occupied any of the roles they purported to occupy. He then went on in his jud