East-West United Bank SA v Gusinski & Ors [2022] EWHC 3056 (Ch) (05 December 2022)

East-West United Bank SA v Gusinski & Ors [2022] EWHC 3056 (Ch) (05 December 2022)

The court found that the claimant had no real prospect of establishing a proprietary interest in the funds held by the second defendant's client account, whether by way of equitable assignment or constructive trust, based on the representations and conduct relied upon. The relevant parts of the particulars of claim were struck out or summary judgment entered. The conspiracy claims, to the extent they depended on the proprietary interest claim, were also struck out. The remainder of the conspiracy claim not dependent on proprietary interest was not summarily disposed of.

Citation
[2022] EWHC 3056 (Ch)
Parties
Claimant: East-West United Bank SA; First Defendant: Vladimir Gusinski; Second Defendant: GSC Solicitors LLP; Third Defendant: Barry Samuels
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Commercial/chancery Summary Judgment and Strike Out Applications / Interlocutory Application (summary Judgment/strike Out)
Outcome
Summary judgment and strike out granted in part; proprietary interest and dependent claims dismissed; remainder of conspiracy claim to proceed to trial.
Legal Topics
Summary Judgment, Strike Out, Constructive Trust, Equitable Assignment, Breach of Trust, Unlawful Means Conspiracy, Proprietary Interest, Solicitor's Undertaking
Civil Procedure Banking and Finance Arbitration Insolvency Summary Judgment Strike Out Constructive Trust Equitable Assignment +4 more

Case Brief

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Parties

East-West United Bank SA

Claimant

Vladimir Gusinski

First Defendant

GSC Solicitors LLP

Second Defendant

Barry Samuels

Third Defendant

Procedural Posture

Commercial/chancery Summary Judgment and Strike Out Applications / Interlocutory Application (summary Judgment/strike Out)

Legal Issues

  1. 1 Whether the claimant had a proprietary interest in funds held by the second defendant's client account
  2. 2 Whether the pleadings disclosed a reasonable cause of action for breach of trust or constructive trust
  3. 3 Whether the particulars of claim should be struck out or summary judgment entered on the proprietary interest claims

Ratio Decidendi

The court found that the claimant had no real prospect of establishing a proprietary interest in the funds held by the second defendant's client account, whether by way of equitable assignment or constructive trust, based on the representations and conduct relied upon. The relevant parts of the particulars of claim were struck out or summary judgment entered. The conspiracy claims, to the extent they depended on the proprietary interest claim, were also struck out. The remainder of the conspiracy claim not dependent on proprietary interest was not summarily disposed of.

Court Disposition

Summary judgment and strike out granted in part; proprietary interest and dependent claims dismissed; remainder of conspiracy claim to proceed to trial.

Orders

  • Summary judgment entered for the second and third defendants on the proprietary interest and dependent claims
  • Relevant parts of the particulars of claim struck out