UTB LLC v Sheffield United Ltd

UTB LLC v Sheffield United Ltd

The application for relief against sanctions is refused because the challenge to the authenticity of the share sale agreements is collateral and immaterial to the pleaded issues. The breach in failing to give notice was serious and unexplained, and granting relief would disrupt the trial and be unfair to UTB. The existence or validity of the agreements does not affect the substantive issues of beneficial ownership or conspiracy as pleaded.

Parties
Claimant/first Respondent: UTB LLC; Defendant/petitioner: Sheffield United Limited; Third Party/respondent: HRH Prince Abdullah Bin Musaad Bin Abdulaziz Al Saud; Fourth Party/respondent: Mr Yusuf Giansiracusa; Second Respondent: UTB 2018 LLC; Fifth Respondent: HRH Prince Musa’ad Bin Khalid M Bin Abdulrahman Al Saud; Sixth Respondent: Blades Leisure Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2019
Procedural Posture
Company/shareholder Dispute / Interlocutory Application During Trial (relief Against Sanctions)
Outcome
Application for relief against sanctions refused
Legal Topics
Relief Against Sanctions, Authenticity of Documents, Shareholder Rights, Conspiracy, Disclosure Obligations
Company Law Civil Procedure Relief Against Sanctions Authenticity of Documents Shareholder Rights Conspiracy Disclosure Obligations

Case Brief

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Parties

UTB LLC

Claimant/first Respondent

Sheffield United Limited

Defendant/petitioner

HRH Prince Abdullah Bin Musaad Bin Abdulaziz Al Saud

Third Party/respondent

Mr Yusuf Giansiracusa

Fourth Party/respondent

UTB 2018 LLC

Second Respondent

HRH Prince Musa’ad Bin Khalid M Bin Abdulrahman Al Saud

Fifth Respondent

Blades Leisure Limited

Sixth Respondent

Procedural Posture

Company/shareholder Dispute / Interlocutory Application During Trial (relief Against Sanctions)

Legal Issues

  1. 1 Whether SUL should be granted relief against sanctions to challenge the authenticity of two share sale agreements and call expert evidence
  2. 2 Whether the validity of the share sale agreements is material to the issues in dispute, including the alleged conspiracy and the operation of clause 9.1.12 of the Investment and Shareholders’ Agreement

Ratio Decidendi

The application for relief against sanctions is refused because the challenge to the authenticity of the share sale agreements is collateral and immaterial to the pleaded issues. The breach in failing to give notice was serious and unexplained, and granting relief would disrupt the trial and be unfair to UTB. The existence or validity of the agreements does not affect the substantive issues of beneficial ownership or conspiracy as pleaded.

Court Disposition

Application for relief against sanctions refused

Orders

  • SUL is refused relief against sanctions to challenge the authenticity of the documents and to call expert handwriting evidence.