Alta Trading UK Limited & Ors v Peter Miles Bosworth & Ors

Facts

The claimants, four companies including Farahead Holdings Limited and the former Arcadia Petroleum Limited, sued former managers and associated companies. They alleged a substantial and sustained fraud in 144 crude oil purchase and sale transactions between April 2007 and May 2013, involving oil originating in West Africa. A worldwide freezing order stayed in place for about ten years. By a judgment of 22 January 2025, Henshaw J dismissed the fraud claims, and the freezing order was discharged. The First, Second and Fifth Defendants then sought compensation in an Inquiry into Damages, listed for trial from 21 April 2026. They said that, but for the freezing order, they could have pursued lucrative business and employment opportunities. The claimants denied that the freezing order caused any loss. In reply, the defendants alleged that the claimants, acting through named individuals, had made allegations they knew to be false. In a judgment of 21 October 2025, the judge held that this 'dishonesty issue' had a realistic prospect of being relevant to causation. A later CMC order then directed Model D disclosure on the Dishonesty Issues for Disclosure. The claimants disclosed 24 documents relevant to those issues and withheld 2,380 documents for privilege, 1,203 of which they said responded to the dishonesty issues. By an application issued on 4 March 2026 and heard on 23 March 2026, the First and Second Defendants sought three things: production of the 'Investigation Documents' from the claimants' internal investigations of 2013 to 2015; production of the file of Diligence, a firm of private investigators; and a revised disclosure certificate, list or witness statement justifying the claimants' privilege claims.