One Unique LLC v Kamiz Babaee & Ors

One Unique LLC v Kamiz Babaee & Ors

The court found that the claimant had demonstrated an arguable case for joinder of the sixth and seventh defendants as constructive trustees and for knowing receipt, based on evidence of receipt of proprietary assets and the absence of full disclosure by the defendants. The legal test under CPR 19.2(2) was satisfied, and there was nothing abusive or undesirable in the claimant seeking to protect its assets. The objections raised did not warrant summary disposal of the claims.

Parties
Claimant: One Unique LLC; First Defendant: Kambiz Babaee; Second Defendant: K10 Developments Limited (in liquidation); Third Defendant: K10 Management Account Limited; Fourth Defendant: K10 Group Limited; Fifth Defendant: Bhupen Varsani; Sixth Defendant (joined): Ali Kian Shokrollah Babaee; Seventh Defendant (joined): Ana Totoc
Jurisdiction
England and Wales
Judgment Date
15 October 2025
Procedural Posture
Commercial Fraud Claim (amendment and Joinder Application) / Interlocutory Application for Amendment and Joinder of Defendants
Outcome
Application allowed
Legal Topics
Joinder of Parties, Constructive Trust, Knowing Receipt, Fraud, Costs Assessment
Commercial Law Equity and Trusts Civil Procedure Joinder of Parties Constructive Trust Knowing Receipt Fraud Costs Assessment

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Parties

One Unique LLC

Claimant

Kambiz Babaee

First Defendant

K10 Developments Limited (in liquidation)

Second Defendant

K10 Management Account Limited

Third Defendant

K10 Group Limited

Fourth Defendant

Bhupen Varsani

Fifth Defendant

Ali Kian Shokrollah Babaee

Sixth Defendant (joined)

Ana Totoc

Seventh Defendant (joined)

Procedural Posture

Commercial Fraud Claim (amendment and Joinder Application) / Interlocutory Application for Amendment and Joinder of Defendants

Legal Issues

  1. 1 Whether to permit amendment of particulars of claim and claim form
  2. 2 Whether to join sixth and seventh defendants as parties on grounds of constructive trust and knowing receipt
  3. 3 Whether there is an arguable case against the proposed new defendants

Ratio Decidendi

The court found that the claimant had demonstrated an arguable case for joinder of the sixth and seventh defendants as constructive trustees and for knowing receipt, based on evidence of receipt of proprietary assets and the absence of full disclosure by the defendants. The legal test under CPR 19.2(2) was satisfied, and there was nothing abusive or undesirable in the claimant seeking to protect its assets. The objections raised did not warrant summary disposal of the claims.

Court Disposition

Application allowed

Orders

  • Permission granted to amend particulars of claim and claim form as proposed
  • Sixth and seventh defendants (Ali Kian Shokrollah Babaee and Ana Totoc) joined as parties to the proceedings