East-West United Bank SA v Vladimir Gusinski & Ors

East-West United Bank SA v Vladimir Gusinski & Ors

The court refused to summarily dismiss or strike out the proprietary interest claim (equitable assignment or constructive trust) and related claims, finding that the issues were reasonably arguable, involved conflicting arguments, and were better left for trial. The court also refused to summarily dispose of the conspiracy claim except for two particulars that were entirely parasitic on the proprietary claim. The applications were refused to allow the case to proceed to trial on the merits.

Parties
Claimant: East-West United Bank SA; First Defendant: Vladimir Gusinski; Second Defendant: GSC Solicitors LLP; Third Defendant: Barry Samuels
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Civil (commercial/banking/trusts) / Ruling on Applications for Summary Judgment and Strike Out
Outcome
Applications for summary judgment and strike-out refused; case to proceed to trial.
Legal Topics
Equitable Assignment, Constructive Trust, Breach of Trust, Unlawful Means Conspiracy, Summary Judgment, Strike Out, Solicitor's Duties, Freezing Orders
Banking Law Trusts Law Civil Procedure Arbitration Insolvency Equitable Assignment Constructive Trust Breach of Trust +5 more

Case Brief

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Parties

East-West United Bank SA

Claimant

Vladimir Gusinski

First Defendant

GSC Solicitors LLP

Second Defendant

Barry Samuels

Third Defendant

Procedural Posture

Civil (commercial/banking/trusts) / Ruling on Applications for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the claimant had a proprietary interest in funds held by the second defendant's client account via equitable assignment or constructive trust
  2. 2 Whether the particulars of claim or parts thereof should be struck out or summarily dismissed for lack of reasonable prospect of success
  3. 3 Whether the conduct of the defendants amounted to unlawful means conspiracy or breach of trust/fiduciary duty

Ratio Decidendi

The court refused to summarily dismiss or strike out the proprietary interest claim (equitable assignment or constructive trust) and related claims, finding that the issues were reasonably arguable, involved conflicting arguments, and were better left for trial. The court also refused to summarily dispose of the conspiracy claim except for two particulars that were entirely parasitic on the proprietary claim. The applications were refused to allow the case to proceed to trial on the merits.

Court Disposition

Applications for summary judgment and strike-out refused; case to proceed to trial.

Orders

  • First defendant's application refused.
  • Second and third defendants' application refused.