Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)

Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)

Joinder of Mr Dikautschitsch is refused because the JURAG Issue is not sufficiently connected to matters already in dispute, and the prejudice to Defendants from delayed trial and prolonged injunction outweighs any benefit; evidence application is granted as criteria under the Taking of Evidence Regulation are...

Source-derived case information.

Citation
[2020] EWHC 1489 (Ch)
Parties
Claimant/applicant: Joseph Benkel as trustee in bankruptcy of Eliezer Fishman; Defendant/respondent: East-West German Real Estate Holding; Defendant/respondent: Mirella Elena Helbet
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Civil/commercial / Interlocutory Applications (evidence Application and Joinder Application)
Outcome
Evidence Application granted; Joinder Application dismissed.
Legal Topics
Joinder of Parties, Taking of Evidence, Foreign Bankruptcy Recognition, Proprietary Injunctions, Nominee and Trustee Relationships
Insolvency Civil Procedure Trusts Joinder of Parties Taking of Evidence Foreign Bankruptcy Recognition Proprietary Injunctions Nominee and Trustee Relationships

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Parties

Joseph Benkel as trustee in bankruptcy of Eliezer Fishman

Claimant/applicant

East-West German Real Estate Holding

Defendant/respondent

Mirella Elena Helbet

Defendant/respondent

Procedural Posture

Civil/commercial / Interlocutory Applications (evidence Application and Joinder Application)

Legal Issues

  1. 1 Whether the court should order evidence to be taken from German nationals under Council Regulation (EC) No 1206/2001
  2. 2 Whether it is desirable to join Mr Dikautschitsch as a defendant under CPR 19.2(2)

Ratio Decidendi

Joinder of Mr Dikautschitsch is refused because the JURAG Issue is not sufficiently connected to matters already in dispute, and the prejudice to Defendants from delayed trial and prolonged injunction outweighs any benefit; evidence application is granted as criteria under the Taking of Evidence Regulation are satisfied.

Court Disposition

Evidence Application granted; Joinder Application dismissed.

Orders

  • Order for evidence to be taken from Markus Rese and Oliver Kreider by German court under Council Regulation (EC) No 1206/2001.
  • Joinder of Mr Dikautschitsch as defendant refused.