Gordiy v Dorofejeva & Anor [2024] EWHC 1273 (Comm) (24 May 2024)

Gordiy v Dorofejeva & Anor [2024] EWHC 1273 (Comm) (24 May 2024)

The claimant's factual allegations do not have a realistic prospect of success; contemporaneous documents and communications show she was aware of the relevant facts, regulatory filings were made on her instructions, and there is no evidence of dishonesty or coordinated plan by the defendants. The proposed amendments are not arguable and permission to amend and serve out is refused.

Citation
[2024] EWHC 1273 (Comm)
Parties
Claimant: Iryna Gordiy; First Defendant: Jekaterina Dorofejeva; Second Defendant: Target Global Early Stage Fund II LP
Jurisdiction
England and Wales
Judgment Date
24 May 2024
Procedural Posture
Commercial Court Claim / Application to Amend Claim and for Permission to Serve Out of Jurisdiction
Outcome
Claim dismissed; permission to amend and to serve out of the jurisdiction refused.
Legal Topics
Amendment of Pleadings, Jurisdiction, Deceit, Unlawful Means Conspiracy, Causing Loss by Unlawful Means, Financial Services and Markets Act Compliance, Companies Act Compliance
Commercial Law Contract Law Tort Law Financial Regulation Amendment of Pleadings Jurisdiction Deceit Unlawful Means Conspiracy +3 more

Case Brief

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Parties

Iryna Gordiy

Claimant

Jekaterina Dorofejeva

First Defendant

Target Global Early Stage Fund II LP

Second Defendant

Procedural Posture

Commercial Court Claim / Application to Amend Claim and for Permission to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether the claimant should be permitted to amend her claim against the First Defendant
  2. 2 Whether the claimant should be permitted to serve the amended claim on the Second Defendant out of the jurisdiction
  3. 3 Whether the pleaded causes of action (deceit, unlawful means conspiracy, causing loss by unlawful means) are arguable on the facts

Ratio Decidendi

The claimant's factual allegations do not have a realistic prospect of success; contemporaneous documents and communications show she was aware of the relevant facts, regulatory filings were made on her instructions, and there is no evidence of dishonesty or coordinated plan by the defendants. The proposed amendments are not arguable and permission to amend and serve out is refused.

Court Disposition

Claim dismissed; permission to amend and to serve out of the jurisdiction refused.

Orders

  • Permission to amend the claim refused.
  • Permission to serve the amended claim on the Second Defendant out of the jurisdiction refused.