President of the State of Equatorial Guinea & Ors v Logo Ltd & Ors [2005] EWHC 2034 (QB) (21 September 2005)

President of the State of Equatorial Guinea & Ors v Logo Ltd & Ors [2005] EWHC 2034 (QB) (21 September 2005)

The claims for assault and intentional infliction of harm by unlawful means are struck out as they do not disclose a cause of action known to English law on the pleaded facts. The conspiracy claim is also struck out because the unlawful means relied upon are not actionable at the suit of the claimants, as required by established authority. Leave to amend to introduce APOC5 is refused to the extent of these claims.

Citation
[2005] EWHC 2034
Parties
First Claimant: Teodoro Obiang Nguema Mbasogo; Second Claimant: The Republic of Equatorial Guinea; First Defendant: Logo Limited; Second Defendant: Systems Design Limited; Third Defendant: Greg Wales; Fourth Defendant: Simon Francis Mann; Fifth Defendant: Eli Calil; Sixth Defendant: Severo Moto
Jurisdiction
England and Wales
Judgment Date
21 September 2005
Procedural Posture
Strike Out Application and Application for Leave to Amend / Interlocutory (pre Trial)
Outcome
Claims for assault and intentional infliction of harm struck out; conspiracy claim struck out; leave to amend refused as to these claims.
Legal Topics
Civil Conspiracy, Assault, Intentional Infliction of Harm, Unlawful Means, Strike Out Applications, Summary Judgment, Foreign State Immunity, Damages, Injunctions
Tort Law Civil Procedure International Law Civil Conspiracy Assault Intentional Infliction of Harm Unlawful Means Strike Out Applications +4 more

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Parties

Teodoro Obiang Nguema Mbasogo

First Claimant

The Republic of Equatorial Guinea

Second Claimant

Logo Limited

First Defendant

Systems Design Limited

Second Defendant

Greg Wales

Third Defendant

Simon Francis Mann

Fourth Defendant

Eli Calil

Fifth Defendant

Severo Moto

Sixth Defendant

Procedural Posture

Strike Out Application and Application for Leave to Amend / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the particulars of claim (APOC5) disclose a reasonable cause of action for conspiracy, assault, or intentional infliction of harm by unlawful means;
  2. 2 Whether the claims for assault and intentional infliction of harm are sustainable in law;
  3. 3 Whether the unlawful means alleged in the conspiracy claim must be actionable at the suit of the claimants;

Ratio Decidendi

The claims for assault and intentional infliction of harm by unlawful means are struck out as they do not disclose a cause of action known to English law on the pleaded facts. The conspiracy claim is also struck out because the unlawful means relied upon are not actionable at the suit of the claimants, as required by established authority. Leave to amend to introduce APOC5 is refused to the extent of these claims.

Court Disposition

Claims for assault and intentional infliction of harm struck out; conspiracy claim struck out; leave to amend refused as to these claims.

Orders

  • Claims for assault and intentional infliction of harm by unlawful means are struck out.
  • Conspiracy claim is struck out for lack of actionable unlawful means.