KAR Oil Refining Ltd & Anor v Frion Ltd & Ors [2011] EWHC 1813 (Ch) (30 June 2011)

KAR Oil Refining Ltd & Anor v Frion Ltd & Ors [2011] EWHC 1813 (Ch) (30 June 2011)

The Seventh Defendant, having failed to acknowledge service or serve a defence, is in default. The claimants' pleadings establish causes of action in deceit, fraudulent misrepresentation, conspiracy, and knowing receipt. The Seventh Defendant is liable to account as constructive trustee for sums received, and the claimants are entitled to damages, equitable compensation, and costs as claimed.

Citation
[2011] EWHC 1813 (Ch)
Parties
Claimant/applicant: KAR Oil Refining Limited; Claimant/applicant: Baz Raouf Karim; Defendant/respondent: Frion Limited; Defendant/respondent: Mark Bryan Britain; Defendant/respondent: Paul David Ubsdell; Defendant/respondent: Tatiana (Tanya) Kalugina; Defendant/respondent: Martin Brian Tobias Gibbins
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Civil / Application for Default Judgment
Outcome
Judgment for the claimants by default
Legal Topics
Deceit, Fraudulent Misrepresentation, Conspiracy, Knowing Receipt, Constructive Trust, Default Judgment
Civil Fraud Equity Deceit Fraudulent Misrepresentation Conspiracy Knowing Receipt Constructive Trust Default Judgment

Case Brief

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Parties

KAR Oil Refining Limited

Claimant/applicant

Baz Raouf Karim

Claimant/applicant

Frion Limited

Defendant/respondent

Mark Bryan Britain

Defendant/respondent

Paul David Ubsdell

Defendant/respondent

Tatiana (Tanya) Kalugina

Defendant/respondent

Martin Brian Tobias Gibbins

Defendant/respondent

Procedural Posture

Civil / Application for Default Judgment

Legal Issues

  1. 1 Whether the Seventh Defendant participated in an advance fee fraud scheme
  2. 2 Whether the Seventh Defendant made fraudulent misrepresentations
  3. 3 Whether the Seventh Defendant is liable for knowing receipt of proceeds of fraud

Ratio Decidendi

The Seventh Defendant, having failed to acknowledge service or serve a defence, is in default. The claimants' pleadings establish causes of action in deceit, fraudulent misrepresentation, conspiracy, and knowing receipt. The Seventh Defendant is liable to account as constructive trustee for sums received, and the claimants are entitled to damages, equitable compensation, and costs as claimed.

Court Disposition

Judgment for the claimants by default

Orders

  • Declaration that the Seventh Defendant must account as constructive trustee for sums received
  • Damages of $10 million plus interest at 8%