FM Capital Partners Ltd v Marino & Ors [2018] EWHC 2905 (Comm) (01 November 2018)

FM Capital Partners Ltd v Marino & Ors [2018] EWHC 2905 (Comm) (01 November 2018)

FMCP is entitled to its figures for the bribery claim, pro rata allocation of recoveries, simple interest, and indemnity costs. The proprietary claim against Mr Marino succeeds, and FMCP may elect remedies differently against defendants. Payments agreed but not yet paid must be credited. Orders for interim payments on account of costs are justified. Permission to appeal is refused.

Citation
[2018] EWHC 2905 (Comm)
Parties
Claimant: FM Capital Partners Ltd; First Defendant: Frédéric Marino; Second Defendant: Aurélien Bessot; Third Defendant: Yoshiki Ohmura; Fourth Defendant: Marit Sjøvaag
Jurisdiction
England and Wales
Judgment Date
01 November 2018
Procedural Posture
Commercial Court (qbd) / Post Liability Consequentials Judgment
Outcome
Claimant's claims for bribery, proprietary remedy, and costs succeed. Permission to appeal refused.
Legal Topics
Bribery, Secret Commissions, Constructive Trusts, Account of Profits, Equitable Compensation, Costs, Election of Remedies, Proprietary Claims
Commercial Law Equity Trusts Civil Procedure Bribery Secret Commissions Constructive Trusts Account of Profits +4 more

Case Brief

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Parties

FM Capital Partners Ltd

Claimant

Frédéric Marino

First Defendant

Aurélien Bessot

Second Defendant

Yoshiki Ohmura

Third Defendant

Marit Sjøvaag

Fourth Defendant

Procedural Posture

Commercial Court (qbd) / Post Liability Consequentials Judgment

Legal Issues

  1. 1 Amount due under bribery and secret commission claims
  2. 2 Appropriate allocation of recoveries and costs
  3. 3 Basis for interest and costs awards

Ratio Decidendi

FMCP is entitled to its figures for the bribery claim, pro rata allocation of recoveries, simple interest, and indemnity costs. The proprietary claim against Mr Marino succeeds, and FMCP may elect remedies differently against defendants. Payments agreed but not yet paid must be credited. Orders for interim payments on account of costs are justified. Permission to appeal is refused.

Court Disposition

Claimant's claims for bribery, proprietary remedy, and costs succeed. Permission to appeal refused.

Orders

  • Defendants to pay Claimant's costs on indemnity basis.
  • Interim payments ordered: Marino US$1.5 million, Ohmura US$1 million.