Jinxin Inc v Aser Media PTE Ltd & Ors [2022] EWHC 2431 (Comm) (30 September 2022)

Jinxin Inc v Aser Media PTE Ltd & Ors [2022] EWHC 2431 (Comm) (30 September 2022)

The application for a split trial is dismissed because the issues proposed for separate determination are too interlocked, particularly the questions of reliance/inducement and the meaning/falsity of representations. Splitting would risk duplication, delay, and unfairness, and would not necessarily save costs or time. The application to strike out parts of the Particulars of Claim relying on foreign court/authority findings is allowed, as such findings are inadmissible under the rule in Hollington v Hewthorn, and the statutory exception for competition authority decisions does not apply in this case.

Citation
[2022] EWHC 2431 (Comm)
Parties
Claimant: Jinxin Inc; First Defendant: Aser Media Pte Limited; Second Defendant: Media Partners and Silva, LLC; Third Defendant: Su Hyeon Cho; Fourth Defendant: Lara Vanjak; Fifth Defendant: Marco Auletta; Sixth Defendant: Riccardo Silva Holding Designated Activity Company; Seventh Defendant: Roberto Dalmiglio; Eighth Defendant: Fong Lee Yuh; Ninth Defendant: Riccardo Silva; Tenth Defendant: Andrea Radrizzani
Jurisdiction
England and Wales
Judgment Date
30 September 2022
Procedural Posture
Commercial Court Proceedings (deceit, Conspiracy) / Case Management Conference; Applications for Split Trial and Strike Out
Outcome
Split trial application dismissed; strike out application allowed.
Legal Topics
Deceit, Fraudulent Misrepresentation, Conspiracy, Case Management, Split Trials, Admissibility of Evidence, Competition Authority Decisions
Commercial Law Civil Procedure Fraud Competition Law Deceit Fraudulent Misrepresentation Conspiracy Case Management +3 more

Case Brief

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Parties

Jinxin Inc

Claimant

Aser Media Pte Limited

First Defendant

Media Partners and Silva, LLC

Second Defendant

Su Hyeon Cho

Third Defendant

Lara Vanjak

Fourth Defendant

Marco Auletta

Fifth Defendant

Riccardo Silva Holding Designated Activity Company

Sixth Defendant

Roberto Dalmiglio

Seventh Defendant

Fong Lee Yuh

Eighth Defendant

Riccardo Silva

Ninth Defendant

Andrea Radrizzani

Tenth Defendant

Procedural Posture

Commercial Court Proceedings (deceit, Conspiracy) / Case Management Conference; Applications for Split Trial and Strike Out

Legal Issues

  1. 1 Whether to order a split trial of issues in a deceit/conspiracy claim
  2. 2 Whether to strike out parts of the Particulars of Claim relying on foreign court/authority findings

Ratio Decidendi

The application for a split trial is dismissed because the issues proposed for separate determination are too interlocked, particularly the questions of reliance/inducement and the meaning/falsity of representations. Splitting would risk duplication, delay, and unfairness, and would not necessarily save costs or time. The application to strike out parts of the Particulars of Claim relying on foreign court/authority findings is allowed, as such findings are inadmissible under the rule in Hollington v Hewthorn, and the statutory exception for competition authority decisions does not apply in this case.

Court Disposition

Split trial application dismissed; strike out application allowed.

Orders

  • Application for split trial dismissed.
  • Relevant passages in Particulars of Claim relying on foreign court/authority findings struck out.