Alvarez v Moor & Anor

The defendants made false representations about access to special investment programmes and misappropriated the claimant's funds. All defendants are jointly liable for deceit and conspiracy. Shatton Industries Limited is contractually liable to pay $2.31 million to the claimant. The claims are not time-barred due to deliberate concealment of material facts.

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 / Final Judgment
Outcome: Judgment for claimant
Legal Topics: Deceit, Conspiracy, Breach of Contract, Trust Law, Limitation

Tort Contract Equity Deceit Conspiracy Breach of Contract Trust Law Limitation

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 5

Parties

Juan Carlos Alvarez

Claimant

Dr Jacob Moor

First Defendant

Erich Knoebl

Second Defendant

Shatton Industries Limited

Third Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether the defendants are liable for deceit and conspiracy in misappropriating the claimant's investment funds
2 Whether Shatton Industries Limited is contractually liable to pay $2.31 million to the claimant
3 Whether trust-based or proprietary claims are sustainable

Ratio Decidendi

Court Disposition

Judgment for claimant

Orders

Judgment against all defendants for deceit and conspiracy in the sum of $2,054,007 plus simple interest at 5% per annum ($1,257,624.98)
Judgment against Shatton Industries Limited for breach of contract in the sum of $2,310,000 plus simple interest at 5% per annum ($983,806.85)