Deutsche Bank Ag v Vik & Anor

Deutsche Bank Ag v Vik & Anor

The Claimant failed to provide sufficient evidence to establish a serious issue to be tried as to the existence of a mistake or knowledge thereof by the Defendants. The evidence was inadequate, speculative, and unsupported by particulars or explanation. Accordingly, there is no real prospect of success on the claims for restitution or constructive trust, and the order for service out of the jurisdiction must be set aside.

Parties
Claimant: Deutsche Bank AG; First Defendant: Mr Alexander Vik; Second Defendant: Vik Millahue Agricola y Viňedos Ltd
Jurisdiction
England and Wales
Judgment Date
19 March 2010
Procedural Posture
Commercial / Application to Set Aside Service Out of Jurisdiction
Outcome
Claim dismissed on jurisdictional grounds; order for service out of jurisdiction set aside
Legal Topics
Mistaken Payment, Constructive Trust, Jurisdiction, Service Out of Jurisdiction
Civil Procedure Banking Law Restitution Mistaken Payment Constructive Trust Jurisdiction Service Out of Jurisdiction

Case Brief

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Parties

Deutsche Bank AG

Claimant

Mr Alexander Vik

First Defendant

Vik Millahue Agricola y Viňedos Ltd

Second Defendant

Procedural Posture

Commercial / Application to Set Aside Service Out of Jurisdiction

Legal Issues

  1. 1 Whether there is a serious issue to be tried on the merits of the claim for restitution for mistaken payment and/or constructive trust
  2. 2 Whether the order for service out of the jurisdiction should be set aside

Ratio Decidendi

The Claimant failed to provide sufficient evidence to establish a serious issue to be tried as to the existence of a mistake or knowledge thereof by the Defendants. The evidence was inadequate, speculative, and unsupported by particulars or explanation. Accordingly, there is no real prospect of success on the claims for restitution or constructive trust, and the order for service out of the jurisdiction must be set aside.

Court Disposition

Claim dismissed on jurisdictional grounds; order for service out of jurisdiction set aside

Orders

  • Order of Andrew Smith J for service out of the jurisdiction discharged
  • Service on both Defendants discharged