Gaydamak v Leviev

Gaydamak v Leviev

The claim is barred by cause of action estoppel as the new trust-based attack on the settlement agreement could and should have been raised in the first proceedings; there are no special circumstances to justify allowing it now. The conspiracy claim fails as it is dependent on undermining the settlement agreement, which cannot be done.

Parties
Claimant/respondent: Arkady Gaydamak; Defendant/applicant: Lev Leviev
Jurisdiction
England and Wales
Judgment Date
15 April 2014
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
Application to strike out claim succeeded.
Legal Topics
Cause of Action Estoppel, Abuse of Process, Trustee Duties, Conspiracy, Fraudulent Misrepresentation
Civil Procedure Trusts and Equity Cause of Action Estoppel Abuse of Process Trustee Duties Conspiracy Fraudulent Misrepresentation

Case Brief

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Parties

Arkady Gaydamak

Claimant/respondent

Lev Leviev

Defendant/applicant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim is barred by cause of action estoppel or abuse of process
  2. 2 Whether the conspiracy claim is improperly pleaded

Ratio Decidendi

The claim is barred by cause of action estoppel as the new trust-based attack on the settlement agreement could and should have been raised in the first proceedings; there are no special circumstances to justify allowing it now. The conspiracy claim fails as it is dependent on undermining the settlement agreement, which cannot be done.

Court Disposition

Application to strike out claim succeeded.

Orders

  • Action struck out as against Lev Leviev.