CA-2025-000783 - [2025] EWCA Civ 986

On 13 December 2023 Mold and Mr O’Grady applied in separate proceedings for a Norwich Pharmacal order against Vodafone seeking account details and other information relating to two mobile phone numbers. The application was not opposed. The order was duly made by Deputy Master Bowles on 14 December 2023.

The application was supported by a witness statement made by Mr Whelan based on instructions from Mr O’Grady. This alleged that, between 16 October 2023 and 13 December 2023, text messages were sent and calls made to Mr O’Grady from the two mobile phone numbers in question making threats of violence and of dissipation of assets (“the Malicious Communications”). Mold contends that the nature and content of the Malicious Communications strongly suggests that they were made by Mr Holloway and Mr Jacques. For example, one of the text messages, which was sent on 6 December 2023, says “Listen you little [expletive] you think your smart in the court room laughing. I’m going to drain every company I have …”. Mr Whelan’s evidence was that Mr O’Grady and Mr Holloway were both in court on 6 December 2023 for a costs hearing in another set of proceedings between JHHL and Mold in the Business and Property Courts at Birmingham (“the Administration Proceedings”), in which JHHL had applied for an administration order in respect of Mold based on the alleged debt owed by Mold to JHHL.

Vodafone complied with the Norwich Pharmacal order. It disclosed that the phone numbers in question were assigned to “pay-as-you-go” accounts purchased with cash and not registered to named individuals. It also disclosed cellular mast data relevant to the Malicious Communications.

The Vodafone data was analysed by MDR Cyber (the cyber security and investigations practice of Mold’s current solicitors Mishcon de Reya). It produced a report dated 20 December 2023 (“the MDR Cyber Report”). That report indicated that the Malicious Communications from one number were sent using mobile phone masts close to Mr Holloway’s home or close to the café where Mr Holloway’s wife Vicky Holloway worked, while those from the other number were sent using masts close to Mr Jacques’ home.