Dodoun v Collings & Anor

Dodoun v Collings & Anor

There is a good arguable case for the claims regarding the client/investor and Medtag funds, justifying permission to amend the claim and add CCI as a party. However, the risk of dissipation is not sufficiently established to justify continuation of the freezing order in respect of the Medtag funds. The appropriate course is to pay the remaining client/investor balances into a blocked account pending trial or further order, and otherwise discharge the freezing order.

Parties
Claimant: Shalom Dodoun; First Defendant: Bryan Collings; Second Defendant: Marina Akopian
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Civil / Interlocutory Application for Continuation/discharge of Freezing Order and Permission to Amend Claim
Outcome
Claimant granted permission to amend claim and add CCI as party; funds to be paid into blocked account; freezing order otherwise discharged.
Legal Topics
Freezing Injunctions, Derivative Actions, Breach of Fiduciary Duty, Breach of Trust, Unjust Enrichment, Proprietary Claims
Civil Procedure Company Law Equity and Trusts Freezing Injunctions Derivative Actions Breach of Fiduciary Duty Breach of Trust Unjust Enrichment +1 more

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Parties

Shalom Dodoun

Claimant

Bryan Collings

First Defendant

Marina Akopian

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Continuation/discharge of Freezing Order and Permission to Amend Claim

Legal Issues

  1. 1 Whether the freezing order should be continued or discharged
  2. 2 Whether the claimant should be permitted to amend the claim to include derivative and proprietary claims
  3. 3 Whether there is a good arguable case for breach of fiduciary duty, breach of trust, or unjust enrichment

Ratio Decidendi

There is a good arguable case for the claims regarding the client/investor and Medtag funds, justifying permission to amend the claim and add CCI as a party. However, the risk of dissipation is not sufficiently established to justify continuation of the freezing order in respect of the Medtag funds. The appropriate course is to pay the remaining client/investor balances into a blocked account pending trial or further order, and otherwise discharge the freezing order.

Court Disposition

Claimant granted permission to amend claim and add CCI as party; funds to be paid into blocked account; freezing order otherwise discharged.

Orders

  • CCI to be added as a party and Mr Dodoun given permission to pursue a derivative claim.
  • Permission granted to amend the Claim Form and Particulars of Claim.