Jemai v Otkritie International Investment Management Ltd & Ors [2015] EWCA Civ 766 (16 June 2015)

Jemai v Otkritie International Investment Management Ltd & Ors [2015] EWCA Civ 766 (16 June 2015)

Permission to appeal is granted (except as to ground 9) because there is a real prospect that the judge erred in his findings and analysis regarding Ms Jemai's limited involvement and in the calculation of equitable compensation without crediting sums already recovered by the claimants.

Citation
[2015] EWCA Civ 766
Parties
Applicant/defendant: Jemai (Ms Irena Jemai); Respondent/appellant: Otkritie International Investment Management Limited & Ors
Jurisdiction
England and Wales
Judgment Date
16 June 2015
Procedural Posture
Appeal / Application for Permission to Appeal From High Court Judgment
Outcome
Permission to appeal granted except as to ground 9.
Legal Topics
Knowing Receipt, Dishonest Assistance, Equitable Compensation, Money Laundering, Appeal Grounds
Civil Procedure Commercial Law Fraud Knowing Receipt Dishonest Assistance Equitable Compensation Money Laundering Appeal Grounds

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Parties

Jemai (Ms Irena Jemai)

Applicant/defendant

Otkritie International Investment Management Limited & Ors

Respondent/appellant

Procedural Posture

Appeal / Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the judge erred in finding Ms Jemai liable for knowing receipt and dishonest assistance
  2. 2 Whether Ms Jemai should be credited for sums recovered by claimants from traceable funds in the Vantax account
  3. 3 Whether permission to appeal should be granted given the limited role of Ms Jemai compared to other defendants

Ratio Decidendi

Permission to appeal is granted (except as to ground 9) because there is a real prospect that the judge erred in his findings and analysis regarding Ms Jemai's limited involvement and in the calculation of equitable compensation without crediting sums already recovered by the claimants.

Court Disposition

Permission to appeal granted except as to ground 9.

Orders

  • Permission to appeal granted to Ms Jemai on all grounds except ground 9.