Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

On the balance of probabilities, the evidence establishes that Mr Kitover used a false name to open the Bullionvault account and that Mr Haller is the same person as Mr Kitover. Enforcing Mr Kitover's claim does not harm the integrity of the legal system, and denial would not be proportionate given the circumstances.

Citation
[2021] EWHC 809 (Ch)
Parties
Claimant: Earl Richmond Kitover; First Defendant: Galmarley Limited (trading as Bullionvault.com); Second Defendant: Paul Haller
Jurisdiction
England and Wales
Judgment Date
01 April 2021
Procedural Posture
Stakeholder Claim Under CPR Part 86 / Trial Judgment
Outcome
Claim upheld; Mr Kitover is entitled to the bullion.
Legal Topics
Illegality Doctrine, Identity Verification, Stakeholder Proceedings, Bailment, Money Laundering, Forgery
Property Law Trusts Civil Procedure Illegality Doctrine Identity Verification Stakeholder Proceedings Bailment Money Laundering +1 more

Case Brief

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Parties

Earl Richmond Kitover

Claimant

Galmarley Limited (trading as Bullionvault.com)

First Defendant

Paul Haller

Second Defendant

Procedural Posture

Stakeholder Claim Under CPR Part 86 / Trial Judgment

Legal Issues

  1. 1 Whether Mr Kitover and Mr Haller are the same person
  2. 2 What order should be made regarding the gold bullion and account held with Bullionvault in the name of Mr Haller
  3. 3 Effect of illegality (forgery, money laundering) on Mr Kitover's claim

Ratio Decidendi

On the balance of probabilities, the evidence establishes that Mr Kitover used a false name to open the Bullionvault account and that Mr Haller is the same person as Mr Kitover. Enforcing Mr Kitover's claim does not harm the integrity of the legal system, and denial would not be proportionate given the circumstances.

Court Disposition

Claim upheld; Mr Kitover is entitled to the bullion.

Orders

  • Bullionvault is directed to release the 3.961kg of gold bullion to Mr Kitover.