Balk v Otkritie International Investment Management Ltd & Ors
Ms Balk's appeal was dismissed because her arguments on valuation were outside the scope of her limited permission to appeal, and the respondents had offered to give her credit for all sums within the scope of her appeal, rendering the appeal futile.
- Parties
- Appellant (4th Defendant): Yulia Balk; Respondents (claimants): Otkritie International Investment Management Ltd and Others
- Jurisdiction
- England and Wales
- Judgment Date
- 10 March 2017
- Procedural Posture
- Civil Appeal / Appeal From Judgment on Consequential Matters
- Outcome
- Appeal dismissed
- Legal Topics
- Credit for Recoveries, Appropriation of Recoveries, Dishonest Assistance, Knowing Receipt, Procuring Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Yulia Balk
Appellant (4th Defendant)
Otkritie International Investment Management Ltd and Others
Respondents (claimants)
Procedural Posture
Civil Appeal / Appeal From Judgment on Consequential Matters
Legal Issues
- 1 Whether Ms Balk should be given credit for certain sums recovered by the claimants in respect of proprietary claims against her
- 2 Whether Ms Balk could challenge the valuation of the Avenue Road property for the purposes of credit
Ratio Decidendi
Ms Balk's appeal was dismissed because her arguments on valuation were outside the scope of her limited permission to appeal, and the respondents had offered to give her credit for all sums within the scope of her appeal, rendering the appeal futile.
Court Disposition
Appeal dismissed
Orders
- Ms Balk’s appeal is dismissed.
Full Case Text
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