Iryna Gordiy v Jekaterina Dorofejeva & Anor

Iryna Gordiy v Jekaterina Dorofejeva & Anor

The Particulars of Claim do not currently disclose a viable cause of action against either Defendant. There is no pleaded or sufficiently particularised claim for the tort of causing loss by unlawful means or any other actionable wrong. Service on the Second Defendant (Target) out of the jurisdiction was invalid as permission was not obtained. The claim against the First Defendant (D1) is struck out, but the Claimant is given the opportunity to seek to amend her pleadings. The claim against Target is not duly served, but the Claimant may seek permission to amend and serve out if a viable claim is pleaded.

Parties
Claimant: Iryna Gordiy; First Defendant: Jekaterina Dorofejeva; Second Defendant: Target Global Early Stage Fund II LP
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Claim / Ruling on Strike Out and Jurisdictional Applications
Outcome
Claim struck out with leave to apply to amend; declaration that service on Second Defendant was invalid without permission to serve out; no further orders at this stage.
Legal Topics
Strike Out Applications, Jurisdiction, Service Out of Jurisdiction, Causing Loss by Unlawful Means, Companies House Filings, Misrepresentation, Default Judgment Enforcement
Contract Law Tort Law Civil Procedure Strike Out Applications Jurisdiction Service Out of Jurisdiction Causing Loss by Unlawful Means Companies House Filings +2 more

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Parties

Iryna Gordiy

Claimant

Jekaterina Dorofejeva

First Defendant

Target Global Early Stage Fund II LP

Second Defendant

Procedural Posture

Commercial Court Claim / Ruling on Strike Out and Jurisdictional Applications

Legal Issues

  1. 1 Whether the claim discloses a viable cause of action against the Defendants
  2. 2 Whether the claim form was validly served on the Second Defendant out of jurisdiction
  3. 3 Whether the pleadings disclose an arguable case for the tort of causing loss by unlawful means

Ratio Decidendi

The Particulars of Claim do not currently disclose a viable cause of action against either Defendant. There is no pleaded or sufficiently particularised claim for the tort of causing loss by unlawful means or any other actionable wrong. Service on the Second Defendant (Target) out of the jurisdiction was invalid as permission was not obtained. The claim against the First Defendant (D1) is struck out, but the Claimant is given the opportunity to seek to amend her pleadings. The claim against Target is not duly served, but the Claimant may seek permission to amend and serve out if a viable claim is pleaded.

Court Disposition

Claim struck out with leave to apply to amend; declaration that service on Second Defendant was invalid without permission to serve out; no further orders at this stage.

Orders

  • The Particulars of Claim are struck out as against the First Defendant, with liberty to apply to amend.
  • Declaration that the Claim Form has not been duly served on the Second Defendant (Target) as permission to serve out was not obtained.