CMOC Sales & Marketing Ltd v Person Unknown & Ors [2018] EWHC 2230 (Comm) (26 July 2018)

CMOC Sales & Marketing Ltd v Person Unknown & Ors [2018] EWHC 2230 (Comm) (26 July 2018)

The court found, on the balance of probabilities and in the absence of any defence, that the defendants received and/or participated in the misappropriation of CMOC's funds through a cyber-fraud. The proprietary claims were established as the stolen monies were impressed with a constructive trust. The claims for dishonest assistance and unlawful means conspiracy were made out against the participation defendants, as their receipt and onward transmission of the funds, coupled with the circumstances, established knowledge and dishonesty. The knowing receipt claims were established against all relevant defendants, as the evidence and inferences showed knowledge sufficient to render retention...

Citation
[2018] EWHC 2230 (Comm)
Parties
Claimant: CMOC Sales & Marketing Limited; Defendants: Person Unknown and 30 others
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Commercial Fraud Claim / Trial Judgment
Outcome
Judgment for the claimant.
Legal Topics
Proprietary Claims, Dishonest Assistance, Unlawful Means Conspiracy, Knowing Receipt, Unjust Enrichment, Tracing, Freezing Injunctions, Alternative Service, Cyber Fraud
Commercial Law Equity and Trusts Fraud Civil Procedure Proprietary Claims Dishonest Assistance Unlawful Means Conspiracy Knowing Receipt +5 more

Case Brief

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Parties

CMOC Sales & Marketing Limited

Claimant

Person Unknown and 30 others

Defendants

Procedural Posture

Commercial Fraud Claim / Trial Judgment

Legal Issues

  1. 1 Whether the defendants are liable for proprietary claims, dishonest assistance, unlawful means conspiracy, knowing receipt, and unjust enrichment arising from a cyber-fraud resulting in misappropriation of funds from the claimant.

Ratio Decidendi

The court found, on the balance of probabilities and in the absence of any defence, that the defendants received and/or participated in the misappropriation of CMOC's funds through a cyber-fraud. The proprietary claims were established as the stolen monies were impressed with a constructive trust. The claims for dishonest assistance and unlawful means conspiracy were made out against the participation defendants, as their receipt and onward transmission of the funds, coupled with the circumstances, established knowledge and dishonesty. The knowing receipt claims were established against all relevant defendants, as the evidence and inferences showed knowledge sufficient to render retention...

Court Disposition

Judgment for the claimant.

Orders

  • Declarations that relevant defendants hold traceable proceeds of the misappropriated funds on trust for CMOC.
  • Orders for payment out of the traceable proceeds to CMOC.