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

On 8 August 2023 Mold applied without notice for a freezing order against Mr Holloway and Mr Jacques. Mellor J heard the application and granted it on 9 August 2023 (“the Freezing Order”). The principal affidavit in support of the application was an affidavit sworn by Mark Whelan of Mold’s then solicitors, Rosenblatt, on the basis of instructions from Mr O’Grady. Much of this affidavit was concerned with the merits of Mold’s clam. As evidence of a risk of dissipation of assets by Mr Holloway and Mr Jacques, Mold relied upon an affidavit sworn by Jeremy Hazlehurst exhibiting four screenshots of WhatsApp messages said to have been exchanged between Mr Hazlehurst and each of Mr Holloway and Mr Jacques on 26 July 2023 (“the WhatsApp Messages”).

In his affidavit Mr Hazlehurst said that, sometime in July 2023, he had been made aware of a large claim that Mr O’Grady and Mr Hughes were about to submit against Mr Holloway and Mr Jacques. He knew Mr Holloway and Mr Jacques through an unidentified friend. Although the affidavit is not very clearly drafted in this respect, it appears from it that the same friend had informed Mr Hazlehurst about the claim. Mr Hazlehurst said that he “felt the need to tip off” Mr Holloway and Mr Jacques “about the fact that a claim was coming because they let me tip at the site years ago”. It had now come to his attention, however, that “the reason for this claim is much more serious than I first thought and it is actually [Mr Holloway and Mr Jacques] that have caused this problem to begin with and therefore I feel I have a duty to provide what I now know”.

The WhatsApp Messages do not themselves identify the other persons with whom Mr Hazlehurst exchanged the messages, but only give their telephone numbers. Mr Hazlehurst said that the telephone numbers were those of Mr Holloway and Mr Jacques. I shall therefore refer to the other persons by those names.

In the first set of WhatsApp Messages Mr Hazlehurst says to Mr Jacques:

“Hi Andy,

It’s Jez we used to do some tipping with you at Parry’s Quarry through a friend of mine. Just giving you and the Holloway brothers a tip off OGrady and Hughes are going sticking a big claim in against you two for tipping on site, I’ve only just been told by someone close to them. But there’s some big numbers floating about 50 plus million. Be careful.”

After a couple of exchanges Mr Jacques says:

“ … I’m not letting them pair of [expletive] have my money they can go and [expletive] themselves. I have a mate in Dubai he can have it before they have. I’d rather burn the whole lot and [expletive] it up the wall before they have it. Mate you’re a life saver I’ll get on with moving my [expletive] now …”.

In the second set Mr Hazlehurst says to Mr Holloway:

“… Been speaking to Andy Jakes and told him what I found out about Mold/Parry’s Quarry. Apparently O’Grady and paddy are sticking in a big claim against you personally and Andy for tipping in Mold there’s been some 8 digit numbers like £50M floating about!!! …”

Mr Holloway replies that Mr Jacques has been on already. After a couple of exchanges Mr Holloway says:

“Over my dead body am I giving a single Penny away to them pair of [expletive]. [expletive] it the lot can go for auction. Let me know if you know anyone that wants some property half cash half on books. …”

Although neither Mr Hazlehurst nor Mr Whelan mentioned the point in their respective affidavits, it can be seen from the WhatsApp Messages that the sender’s phone has the “disappearing messages” function of WhatsApp activated, so that new messages will disappear after seven days unless specifically kept.

Mr Hazlehurst said in his affidavit that he decided to hand over the WhatsApp Messages on 3 August 2023, but not to whom. Mr Whelan said that Mr Hazlehurst had disclosed them to Mold.

In the section of his affidavit dealing with full and frank disclosure Mr Whelan mentioned that Joseph Holloway (Holdings) Ltd (“JHHL”) had brought a claim in 2022 against Mold in the Business and Property Courts at Leeds (“the Leeds Proceedings”) for repayment of an alleged loan of around £950,000 which Mold was defending. (Mr Whelan did not explain the relationship of JHHL to the parties to these proceedings, but it is jointly owned by Mr Holloway and Adam Holloway.) Although Mold contended that it would be able to meet any claim on its cross-undertaking in damages, Mold had transferred the sum of £100,000 to Rosenblatt’s client account to hold against that cross-undertaking.

In addition to Mr Whelan’s and Mr Hazlehurst’s affidavits, Mold relied upon an affidavit sworn by Jordan Davies saying that from January to March 2021 he had tipped material at the Quarry and had been requested by Mr Holloway and Mr Jacques to do so on Sundays when other employees of Mold were not on site and to blend the material into other material. Mr Davies paid cash for this and no receipt was given. Mold also relied upon a witness statement made by Mr O’Grady in which he said that he had spoken to Mr Holloway and Mr Jacques on the telephone numbers shown in the screenshots of the WhatsApp Messages.

The claim form was issued and served on 11 August 2023. Particulars of Claim were served on 24 August 2023.