Maranello Rosso Ltd v Lohomij BV & Ors (Rev1) [2021] EWHC 2452 (Ch) (06 September 2021)

Maranello Rosso Ltd v Lohomij BV & Ors (Rev1) [2021] EWHC 2452 (Ch) (06 September 2021)

The court must determine whether the claimant's case, on the pleadings and available evidence, has a real prospect of success or discloses reasonable grounds. If not, the claim may be struck out or summary judgment entered. The court is entitled to reject cases that are self-contradictory, inherently incredible, or contradicted by contemporaneous documents, even at the summary stage.

Citation
[2021] EWHC 2452 (Ch)
Parties
Claimant: Maranello Rosso Limited; First Defendant: Lohomij BV; Second Defendant: Bonhams 1793 Limited; Third Defendant: Bonhams & Butterfields Auctioneers Corporation; Fourth Defendant: Evert Louwman; Fifth Defendant: Robert Brooks; Sixth Defendant: James Knight; Seventh Defendant: Anthony MacLean
Jurisdiction
England and Wales
Judgment Date
06 September 2021
Procedural Posture
Civil (business and Property Courts) / Application for Strike Out And/or Summary Judgment Under CPR R. 3.4 and R. 24.2
Outcome
Applications for strike out and/or summary judgment considered; no final order made in the extracted portion.
Legal Topics
Summary Judgment, Strike Out Applications, Unlawful Means Conspiracy, Breach of Fiduciary Duty, Breach of Contract, Settlement Agreements
Commercial Law Contract Law Civil Procedure Summary Judgment Strike Out Applications Unlawful Means Conspiracy Breach of Fiduciary Duty Breach of Contract +1 more

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Parties

Maranello Rosso Limited

Claimant

Lohomij BV

First Defendant

Bonhams 1793 Limited

Second Defendant

Bonhams & Butterfields Auctioneers Corporation

Third Defendant

Evert Louwman

Fourth Defendant

Robert Brooks

Fifth Defendant

James Knight

Sixth Defendant

Anthony MacLean

Seventh Defendant

Procedural Posture

Civil (business and Property Courts) / Application for Strike Out And/or Summary Judgment Under CPR R. 3.4 and R. 24.2

Legal Issues

  1. 1 Whether the claims should be struck out or summary judgment granted under CPR r. 3.4 and/or r. 24.2
  2. 2 Whether the pleadings disclose a reasonable cause of action
  3. 3 Whether the claims have a real prospect of success

Ratio Decidendi

The court must determine whether the claimant's case, on the pleadings and available evidence, has a real prospect of success or discloses reasonable grounds. If not, the claim may be struck out or summary judgment entered. The court is entitled to reject cases that are self-contradictory, inherently incredible, or contradicted by contemporaneous documents, even at the summary stage.

Court Disposition

Applications for strike out and/or summary judgment considered; no final order made in the extracted portion.