Schenk v Cook & Ors [2017] EWHC 144 (QB) (09 February 2017)

Schenk v Cook & Ors [2017] EWHC 144 (QB) (09 February 2017)

The defendants, acting in concert, knowingly made false representations to induce the claimant to invest CHF 3 million, which was then dissipated for their benefit and not invested as promised. The evidence established a fraudulent scheme, and each defendant was liable for their role in the conspiracy and related torts. Mr Bawany's appeal against the striking out of his defence failed as the underlying merits were decided against him and no relief from sanction was warranted.

Citation
[2017] EWHC 144 (QB)
Parties
Claimant: Jean-Pierre Schenk; First Defendant: Phillip Cook; Second Defendant: Pietro Stramandino; Third Defendant: Steeve Couture; Fourth and Sixth Defendant: Akbar Bawany also known as Mohammed Akbar-Samad Bawany; Fifth Defendant: Michael Sun; Sixth Defendant: ANA Holdings
Jurisdiction
England and Wales
Judgment Date
09 February 2017
Procedural Posture
Civil Fraud Claim (queen's Bench Division) / Final Judgment After Trial and Appeal on Striking Out of Defence
Outcome
Claim allowed; judgment for the claimant against all defendants proceeded against; appeal of Mr Bawany dismissed.
Legal Topics
Fraudulent Misrepresentation, Conspiracy, Knowing Receipt, Dishonest Assistance, Breach of Fiduciary Duty, Relief From Sanctions
Civil Fraud Tort Equity Fraudulent Misrepresentation Conspiracy Knowing Receipt Dishonest Assistance Breach of Fiduciary Duty +1 more

Case Brief

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Parties

Jean-Pierre Schenk

Claimant

Phillip Cook

First Defendant

Pietro Stramandino

Second Defendant

Steeve Couture

Third Defendant

Akbar Bawany also known as Mohammed Akbar-Samad Bawany

Fourth and Sixth Defendant

Michael Sun

Fifth Defendant

ANA Holdings

Sixth Defendant

Procedural Posture

Civil Fraud Claim (queen's Bench Division) / Final Judgment After Trial and Appeal on Striking Out of Defence

Legal Issues

  1. 1 Whether the defendants engaged in a fraudulent scheme to induce the claimant to invest CHF 3 million and dissipated the funds
  2. 2 Whether the representations made to the claimant were knowingly false
  3. 3 Whether the defendants are liable for conspiracy, deceit, knowing receipt, dishonest assistance, and breach of fiduciary duty

Ratio Decidendi

The defendants, acting in concert, knowingly made false representations to induce the claimant to invest CHF 3 million, which was then dissipated for their benefit and not invested as promised. The evidence established a fraudulent scheme, and each defendant was liable for their role in the conspiracy and related torts. Mr Bawany's appeal against the striking out of his defence failed as the underlying merits were decided against him and no relief from sanction was warranted.

Court Disposition

Claim allowed; judgment for the claimant against all defendants proceeded against; appeal of Mr Bawany dismissed.

Orders

  • Defendants to pay CHF 3 million to the claimant
  • Defendants to pay interest on the principal sum