Global Asset Capital, Inc & Anor v Aabar Block SARL & Anor [2016] EWHC 298 (Comm) (18 February 2016)

Global Asset Capital, Inc & Anor v Aabar Block SARL & Anor [2016] EWHC 298 (Comm) (18 February 2016)

The applications for summary judgment and strike out by the Aabar defendants and Mr Tchenguiz were dismissed in substantial part because the claimants' case disclosed a realistic prospect of success on the pleaded facts, particularly as to the formation of a binding contract and the adequacy of the claims for procuring breach of contract and intimidation. The issues raised were not suitable for summary determination and should proceed to trial.

Citation
[2016] EWHC 298 (Comm)
Parties
Claimant: Global Asset Capital, Inc; Claimant: Glenn Maud; Defendant: Aabar Block S.A.R.L.; Defendant: Aabar Investments PJS; Defendant: Robert Tchenguiz
Jurisdiction
England and Wales
Judgment Date
18 February 2016
Procedural Posture
Commercial Court Claim / Interlocutory Applications for Summary Judgment And/or Strike Out
Outcome
Applications for summary judgment and strike out dismissed in substantial part; permission to amend claim granted in part.
Legal Topics
Summary Judgment, Strike Out Applications, Formation of Contract, Certainty of Terms, Procuring Breach of Contract, Intimidation, Bankruptcy Proceedings
Contract Law Civil Procedure Tort Law Summary Judgment Strike Out Applications Formation of Contract Certainty of Terms Procuring Breach of Contract +2 more

Case Brief

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Parties

Global Asset Capital, Inc

Claimant

Glenn Maud

Claimant

Aabar Block S.A.R.L.

Defendant

Aabar Investments PJS

Defendant

Robert Tchenguiz

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Applications for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether a binding contract was formed on 6 May 2015 between the claimants and the Aabar defendants
  2. 2 Whether the claim against the Aabar defendants should be struck out or summarily dismissed
  3. 3 Whether the claim against Mr Tchenguiz for procuring breach of contract or intimidation should be struck out or summarily dismissed

Ratio Decidendi

The applications for summary judgment and strike out by the Aabar defendants and Mr Tchenguiz were dismissed in substantial part because the claimants' case disclosed a realistic prospect of success on the pleaded facts, particularly as to the formation of a binding contract and the adequacy of the claims for procuring breach of contract and intimidation. The issues raised were not suitable for summary determination and should proceed to trial.

Court Disposition

Applications for summary judgment and strike out dismissed in substantial part; permission to amend claim granted in part.

Orders

  • Aabar defendants' application for summary judgment/strike out dismissed.
  • Substantial part of Mr Tchenguiz's application dismissed.