Benjamin Gilbert & Anor v Broadoak Private Finance Limited

Facts

Mr Gilbert and his company BG Projects Limited (the Gilbert Claimants) were minority shareholders in Broadoak Private Finance Limited, an English company providing finance for commercial property investment, whose majority shareholder was Mr Jamie Bleakley. Between 2017 and 2019 they lent Broadoak substantial sums that were not repaid. They issued proceedings on 14 November 2023 and obtained judgment: a default judgment for £3,314,303.19 on 8 December 2023, and a further £2,186,240.22 after a trial on 20 June 2025. They also obtained worldwide freezing orders against Broadoak and, on a Chabra basis, against Mr Bleakley. Third party disclosure against Broadoak's bank and a Norwich Pharmacal order against Moneycorp suggested that Mr Bleakley had removed some £5m from Broadoak, and that €2.55m had reached a Spanish account in the name of Mrs Bleakley, the first respondent. Other sums may have benefited King Street Capital SL, a Spanish company, the second respondent. On 30 July 2025 HHJ Bird granted a without notice worldwide freezing order against the respondents, who were non-cause of action defendants. At the return date Mr David Quest KC, sitting as a Deputy Judge of the High Court, held that the substantive conditions for Chabra relief were met. He nevertheless set the order aside because no gateway in paragraph 3.1 of Practice Direction 6B permitted service out of the jurisdiction in Spain. The Gilbert Claimants appealed, relying on three gateways.