Source: All England Reporter
Publisher Citation: [2013] All ER (D) 131 (Mar)
Neutral Citation: [2013] EWHC 503 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Mrs Gloster J

Representation Barbara Dohmann QC and Tom Mountford (instructed by Charles Russel LLP) for the claimants.
  Marchia Shekerdemian (instructed by Taylor Wessing LLP) for the receiver.
  The second defendant did not appear and was not represented.
Judgment Dates: 14 March 2013

Catchwords

Practice - Pre-trial or post-judgment relief - First, second and fourth defendants being held liable to first claimant in relation to a fraudulent operation of letters of credit - Receiver being appointed - Second claimant subsequently bringing claim against claimants and receiver alleging that he suffered loss as a result of liquidation of company (SCILDV) - Second defendant contending that beneficial owner of two companies with shareholding in SCILDV - Claimants and receiver applying to strike out claim - Whether application to be granted - Whether claim having reasonable prospect of success.

The Case

Practice Pre-trial or post-judgment relief. Following a judgment of the court, the first, second and fourth defendants were held liable to the first claimant in relation to a fraudulent operation of letters of credit. A receiver was appointed. The second defendant subsequently brought a claim against the claimants and the receiver alleging that he had suffered loss as a result of the liquidation of a company (SCILDV). He contended that he was the beneficial owner of two companies which had shareholding in SCILDV. The court granted the claimants and the receiver's application to strike out the claim on the ground that the claim had no prospect of success.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.