Barings Investment Services Limited v Adam Hugh Wheeler

Barings Investment Services Limited v Adam Hugh Wheeler

The application to strike out or summarily dismiss the claim is dismissed because BISL's pleaded claim for damages and equitable remedies has a real prospect of success, is not abusive, and is not bound to fail. There is no clear inconsistency with the affirmation of the contract or with positions taken in US proceedings, and any issues as to quantum, loss, or equitable relief are matters for trial.

Parties
Claimant/respondent: Barings Investment Services Limited; Defendant/applicant: Mr Adam Hugh Wheeler
Jurisdiction
England and Wales
Judgment Date
22 September 2025
Procedural Posture
Civil (employment/commercial) / Ruling on Application to Strike Out or for Summary Judgment
Outcome
Application dismissed
Legal Topics
Breach of Contract, Fiduciary Duties, Remedies (damages, Account of Profits, Constructive Trust), Abuse of Process, Waiver by Election, Estoppel by Conduct, Team Move Litigation
Employment Law Commercial Law Equity Breach of Contract Fiduciary Duties Remedies (damages, Account of Profits, Constructive Trust) Abuse of Process Waiver by Election +2 more

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Parties

Barings Investment Services Limited

Claimant/respondent

Mr Adam Hugh Wheeler

Defendant/applicant

Procedural Posture

Civil (employment/commercial) / Ruling on Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the claim for damages and equitable remedies should be struck out or summarily dismissed as abusive or bound to fail
  2. 2 Whether BISL's claim is inconsistent with its affirmation of the contract and/or positions taken in US proceedings
  3. 3 Whether BISL suffered the loss claimed or whether loss was suffered by other group companies

Ratio Decidendi

The application to strike out or summarily dismiss the claim is dismissed because BISL's pleaded claim for damages and equitable remedies has a real prospect of success, is not abusive, and is not bound to fail. There is no clear inconsistency with the affirmation of the contract or with positions taken in US proceedings, and any issues as to quantum, loss, or equitable relief are matters for trial.

Court Disposition

Application dismissed

Orders

  • Application to strike out or for summary judgment dismissed
  • Parties to make submissions on whether there should be a stay and, if so, the terms of any stay