Cohen v Morrison & Ors [2026] EWHC 184 (Ch) (02 February 2026)

Cohen v Morrison & Ors [2026] EWHC 184 (Ch) (02 February 2026)

The claimant's pleadings fail to disclose a reasonable cause of action in tort, equity, or contract (except for the uncontested contractual claim for information), as they do not adequately plead causation, loss, or the existence of fiduciary duties owed directly to the claimant. The claims for deceit, conspiracy, and dishonest assistance are speculative and unsupported by pleaded facts. The claimant has had ample opportunity to amend but has failed to do so. Accordingly, all claims except the contractual claim for information are struck out or dismissed by summary judgment.

Citation
[2026] EWHC 184 (Ch)
Parties
Claimant: Justin Mitchell Cohen; First Defendant: Paul Morrison; Second Defendant: Rebecca Artmonsky; Third Defendant: John Reid; Fourth Defendant: Russells Solicitors (a firm); Fifth Defendant: Apollo Branded Content Group International (in liquidation)
Jurisdiction
England and Wales
Judgment Date
02 February 2026
Procedural Posture
Strike Out And/or Summary Judgment Application / First Instance Judgment on Application
Outcome
All claims except the contractual claim for information are struck out or dismissed by summary judgment. The contractual claim for information under clause 10.9 of the 2018 SPA survives for further determination.
Legal Topics
Fiduciary Duties, Breach of Contract, Deceit, Conspiracy, Summary Judgment, Strike Out, Loss of Chance, Directors' Duties, Solicitor's Duties, Derivative Actions
Company Law Equity and Trusts Contract Law Tort Law Civil Procedure Fiduciary Duties Breach of Contract Deceit +7 more

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Parties

Justin Mitchell Cohen

Claimant

Paul Morrison

First Defendant

Rebecca Artmonsky

Second Defendant

John Reid

Third Defendant

Russells Solicitors (a firm)

Fourth Defendant

Apollo Branded Content Group International (in liquidation)

Fifth Defendant

Procedural Posture

Strike Out And/or Summary Judgment Application / First Instance Judgment on Application

Legal Issues

  1. 1 Whether the claimant's pleadings disclose a reasonable cause of action in tort, contract, or equity against the defendants;
  2. 2 Whether the claimant has pleaded and can prove causation and loss, including loss of a chance;
  3. 3 Whether any fiduciary duties were owed by the defendants to the claimant beyond those owed to the company;

Ratio Decidendi

The claimant's pleadings fail to disclose a reasonable cause of action in tort, equity, or contract (except for the uncontested contractual claim for information), as they do not adequately plead causation, loss, or the existence of fiduciary duties owed directly to the claimant. The claims for deceit, conspiracy, and dishonest assistance are speculative and unsupported by pleaded facts. The claimant has had ample opportunity to amend but has failed to do so. Accordingly, all claims except the contractual claim for information are struck out or dismissed by summary judgment.

Court Disposition

All claims except the contractual claim for information are struck out or dismissed by summary judgment. The contractual claim for information under clause 10.9 of the 2018 SPA survives for further determination.

Orders

  • All tortious and fiduciary claims are struck out or dismissed by summary judgment.
  • The contractual claim for information proceeds to further proceedings to determine the scope of documents to be provided.