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England and Wales High Court (King's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (King's Bench Division) Decisions >> Virgo-Williams v SHCE Ltd & Anor [2025] EWHC 1073 (KB) (14 May 2025) URL: https://www.bailii.org/ew/cases/EWHC/KB/2025/1073.html Cite as: [2025] EWHC 1073 (KB) |
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KING'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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SAMANTHA VIRGO-WILLIAMS |
Claimant |
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- and – |
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(1) SHCE LIMITED (2) TAKEPAYMENTS LIMITED |
Defendants |
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Alistair Veck (instructed by LG Williams and Prichard) for the First Defendant
David Bowden (instructed by Eversheds Sutherland LLP) for the Second Defendant
Hearing dates: 5 and 6 December 2024
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Crown Copyright ©
Deputy Master Skinner KC:
Introduction
Procedural History
a. That she has taken over the business and is not connected to YSL;
b. Whether she owes any money to the Creditor (Takepayments Limited); and
c. Which items were seized by the First Defendant on 22 April 2024 and who is the owner of those goods.
Again, the Claimant does not appear to have complied with these requirements.
a. By 4 July 2024 the Claimant set out her case as to:
i. How, when and from whom she acquired each of the goods
ii. Whether or not she is "Donna William"
iii. Whether or not she has any connection with YSL
iv. Why "Donna William", as a director of YSL, would have given 7-11 Spray Street as a correspondence address.
b. By 1 August 2024 the parties provide standard disclosure to include:
i. An entire copy of her passport and driving licence
ii. All evidence regarding the acquisition of the goods by either YSL or the Claimant
iii. Any trading or other accounts of the Claimant's business
iv. Any evidence as to the alleged losses of the Claimant.
a. A passport issued 29 August 2014, expiry 29 August 2024, in the name of "Samantha Donna Virgo-Williams" with the date of birth 18 April 1968.
b. A driving licence with the same name and date of birth (and an address at Bellman Avenue in Kent).
c. Various documents relied on as evidence her ownership of the goods seized, including:
i. Purchase of microwave (the date is not shown but the next series of messages asking for receipt for the same are dated 31 July 2024).
ii. Further to the above, a letter unsigned and without a name or full address confirming purchase of a microwave on 23 March 2024 for £300 cash.
iii. Text communications regarding a coffee machine apparently purchased from eBay in late 2021.
iv. An email dated 25 July 2024 from The Centaur and Barclay Property Group confirming that the commercial unit was provided with two fridges, two TVs and CCTV monitoring equipment. It does not however say when or on what terms.
v. An invoice from KRD Catering Equipment addressed to "S Virgo-Williams t/as yardman styles Caribbean, 7-11 spray street" and dated 16 March 2024 for a large patty warmer, table, single door fridge and food trolley totalling £1,580.00
vi. A photograph of part of an invoice from Nella Cutlery for a knife service. This is undated and contains no name or address.
vii. An invoice from Deptford Used Catering Equipment addressed to Samantha Virgo-Williams dated 10 December 2023 for a large fridge, a soup warmer and a rice cooker totalling £700 and paid for in cash.
viii. An invoice from Empire dated 1 March 20204 addressed to "Mrs Virgo-Williams" at YSC, 11 Spray Street in respect of a twin tank electric free standing fryer in the sum of £478.80 and a Paypal record re Empire Supplies Limited 1 March 2024 in the sum of £478.80, also addressed to Mrs Virgo-Williams of 7 Spray Street.
ix. A Paypal record showing various transactions in March 2024.
d. A Monzo Business Account statement for the period 01/12/2023 to 31/12/2023 addressed to "Samantha Donna Virgo-William, Yardman Styles Caribbean, Alans Furniture Ltd" at 7-11 Spray Street. The account number is 0587****, sort code 04-00-03. Among other things, the statement shows a payment on 23 December 2023 to a Daniella Desilva-Greenaway with the reference "Donna William" and a cash withdrawal on 5 December 2023 of £500.
e. A further statement for the same account for the period 01/05/2023 to 31/05/2023 showing only transactions from 22 to 31 May 2023. (A copy Monzo Business Account statement with the same account number and sort code but in the name of YSL and disclosed by the Second Defendant runs from 1 May 2023 to 20 May 2023 – see paragraph 25 below).
f. A further statement for what appears to be the same account (the number having been partially redacted by the Claimant) for the period 31/01/2024 to 29/03/2024.
g. A Knowlwood Properties LLP statement of account for Samantha Donna Virgo William regarding the tenancy at 7-11 Spray Street and stating the amount due on rental charges for the period 1 May 2024 to 1 August 2024
Evidence at Trial
The issues for resolution
a. Did Mr Sharma, as EA, hold a reasonable belief that the goods seized at 7-11 Spray Street (the "Premises") were those of YSL?
a. Has the Claimant proven on the balance of probabilities that the goods seized from 7-11 Spray Street belong to her?
Assessment and Conclusion
9. An enforcement agent may take control of goods only if they are –
(a) on premises that he has power to enter under this Schedule
…
14. (1) An Enforcement agent may enter relevant premises to search for and take goods
(2) Where there are different relevant premises this paragraph authorises entry to each of them.
…
(6) Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor –
…
(b) carries on a trade or business"
a. On 30 May 2023 Mr Morris, then a director of YSL, gave the 7-11 Spray Street address to the Second Defendant as the "merchant address" for YSL.
b. The bank statement for that business account for the period 01/05/2023 to 20/05/2023 states that the name of the business is YSL and gives the address as 7-11 Spray Street. The account number (0587****) and sort code (04-00-03) for that account are the same as on copy bank statements for an account in the name of "Samantha Donna Virgo-Williams, Yardman Styles Caribbean" disclosed by the Claimant in these proceedings for the purpose of demonstrating that certain goods seized by the First Defendant were paid for by her. These statements cover the period from 22/05/2023 to 31/05/2023) 01/12/2023 to 31/12/2023 and 31/01/24 to 29/03/2024 (although, as noted above, the account number for this latter statement has been partially redacted). In the circumstances, the irresistible inference is that between about 20 and 22 May 2023 the Claimant took over the YSL business account and changed its name to hers and YSC.
c. Entirely consistent with this, and wholly inconsistent with the account given by the Claimant, is the record of a payment being made to Desilva Greenaway on 23 December 2023 with the reference "Donna William". As noted above, the Claimant was unable to explain this in evidence. In addition, a "Chantae Morris" had received payments from the account when in the name of YSL on 7 and 19 May 2023, and on 29 May 2023 when in the name of Samantha Donna Virgo-Williams, YSC.
d. As already noted above, Companies House records show "Ms Donna William" was appointed director of YSL on 15 May 2023. Mr Morris's appointment as director was terminated on 12 July 2023 and on 7 August it was recorded that Mr Morris ceased to be a person with significant control. On 21 August "Donna William" (dob **/04/1968) was recorded as having assumed the role of an individual with significant control.
e. Companies House records also show that and that on 10 July 2023 the registered office of YSL was changed to 7 Spray Street. On 21 August 2023 it was changed to 331 Walworth Road and then again to 348 High Road, Wembley.
f. The director "Donna William" had 7-11 Spray Street registered at Companies House as her registered correspondence address.
g. The business carried on at 7-11 Spray Street – YSC - bore a name remarkably similar to that carried on by YSL.
h. The business carried on at 7-11 Spray Street was of the same nature as that of YSL (ie a restaurant).
i. The Food Safety Hygiene Rating Certificate displayed at 7-11 Spray Street dated 11 January 2024 was in the name of YSL.
j. On 22 April 2024, Mr Sharma saw numerous invoices at Spray Street in the full name of YSL
k. Following Mr Sharma's first attendance at 7-11 Spray Street, he received a call from a woman who identified herself as "Donna William". She told him that the debt was nothing to do with her and was for her partner. On attendance on 22 April 2024 Mr Sharma asked to speak to "Donna William". As a result he was put in touch with the Claimant, who accepts that she spoke to Mr Sharma on that day.
l. In response to questions asked on behalf of the Claimant, Kim Morris stated that she knew the Claimant by the name "Donna William".
m. There is strong evidence that the Claimant has previously held a driving licence in the name of "Donna Samantha William". The Claimant's explanations for the copies of the same held by the Second Defendant were not credible.
n. The Claimant herself provided a witness statement dated 22 April 2024 in which she stated that her name was "Donna William", in addition to "Samantha Donna Virgo-William". Again, her explanation as to how this came to be was not credible, and demonstrated a cavalier attitude to the accuracy of evidence submitted in her name.