Asertis Ltd v Clarkson & Ors [2021] EWHC 1053 (Ch) (10 February 2021)

The court held that Mr Clarkson's Part 20 claim is not barred by res judicata or abuse of process, as the challenge to the validity of the settlement agreement was not, and need not have been, raised in the 2019 proceedings. The court rejected the strike out and summary judgment applications on the grounds of illegality and lack of clean hands, finding these issues require full factual investigation at trial. The applications to strike out or summarily dismiss the Part 20 claim were refused. The enforceability of the settlement agreement and the merits of the conspiracy and related claims must be determined at trial.

Citation: [2021] EWHC 1053 (Ch)
Parties: Claimant (london Proceedings), First Part 20 Defendant (london Proceedings): Asertis Ltd; Defendant (london Proceedings), Part 20 Claimant (london Proceedings), Claimant (manchester Proceedings): Mark Damian Clarkson; Defendant (london Proceedings): Pagefield Developments Limited; Defendant (london Proceedings): Glenn Thomas; Defendant (london Proceedings): John Unsworth; Defendant (london Proceedings, Claim Compromised and Stayed): Richard Luxmore; Defendant (london Proceedings): Colin Howard Boswell; Defendant (london Proceedings): MDSC (Liverpool) Limited; Defendant (london Proceedings): TAYCO002 Limited; Part 20 Defendant (london Proceedings), Defendant (manchester Proceedings): Future Resources FZE; Part 20 Defendant (london Proceedings), Defendant (manchester Proceedings): Pradeep Singh; Part 20 Defendant (london Proceedings), Defendant (manchester Proceedings): Holy Group Limited; Part 20 Defendant (london Proceedings), Defendant (manchester Proceedings): Sudarshan Sadana; Part 20 Defendant (london Proceedings): GMT Global (FZE); Part 20 Defendant (london Proceedings): Vijay Pal Gandhi; Part 20 Defendant (london Proceedings): Rajinder Kumar; Defendant (manchester Proceedings): Whiteacres Holdings Limited; Defendant (manchester Proceedings): Ten Acres Holdings Limited; Defendant (manchester Proceedings): Andrew David Pickles; Defendant (manchester Proceedings): Certus Holdings Limited
Jurisdiction: England and Wales
Judgment Date: 10 February 2021
Procedural Posture: Civil (chancery Division) Business and Property Courts / Interlocutory Applications for Strike Out, Summary Judgment, Enforcement of Settlement, and Related Relief
Outcome: Applications to strike out or summarily dismiss the Part 20 claim refused; applications for summary judgment and enforcement of settlement deferred to trial; freezing order to continue pending further order.
Legal Topics: Strike Out Applications, Summary Judgment, Res Judicata, Abuse of Process, Illegality Defence, Freezing Injunctions, Unlawful Means Conspiracy, Settlement Agreements, Specific Performance, Consumer Credit Act

Civil Procedure Equity Contract Law Fraud Company Law Strike Out Applications Summary Judgment Res Judicata +7 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 18 Party arguments 2 Amounts and remedies 3

Parties

Asertis Ltd

Claimant (london Proceedings), First Part 20 Defendant (london Proceedings)

Mark Damian Clarkson

Defendant (london Proceedings), Part 20 Claimant (london Proceedings), Claimant (manchester Proceedings)

Pagefield Developments Limited