Alvarez v Moor & Anor [2019] EWHC 1774 (QB) (15 July 2019)

Alvarez v Moor & Anor [2019] EWHC 1774 (QB) (15 July 2019)

The defendants, acting jointly, made false and fraudulent representations to the claimant regarding special investment opportunities and returns, intending him to rely on them, and thereby induced him to invest substantial sums which were misappropriated. The defendants are jointly liable for deceit and conspiracy to defraud.

Citation
[2019] EWHC 1774 (QB)
Parties
Claimant: Juan Carlos Alvarez; First Defendant: Dr Jacob Moor; Second Defendant: Erich Knoebl; Third Defendant: Shatton Industries Limited
Jurisdiction
England and Wales
Judgment Date
15 July 2019
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Deceit, Misrepresentation, Conspiracy, Breach of Contract, Investment Fraud
Tort Law Contract Law Fraud Deceit Misrepresentation Conspiracy Breach of Contract Investment Fraud

Case Brief

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Parties

Juan Carlos Alvarez

Claimant

Dr Jacob Moor

First Defendant

Erich Knoebl

Second Defendant

Shatton Industries Limited

Third Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants made fraudulent misrepresentations to induce the claimant to invest
  2. 2 Whether the defendants conspired to misappropriate the claimant's funds
  3. 3 Whether the claimant is entitled to recover his investment and/or damages for deceit and breach of contract

Ratio Decidendi

The defendants, acting jointly, made false and fraudulent representations to the claimant regarding special investment opportunities and returns, intending him to rely on them, and thereby induced him to invest substantial sums which were misappropriated. The defendants are jointly liable for deceit and conspiracy to defraud.

Court Disposition

Judgment for the claimant

Orders

  • Defendants jointly and severally liable for deceit and conspiracy to defraud
  • Defendants to pay the claimant $2,310,000 plus interest