Global Asset Capital, Inc & Anor v Aabar Block SARL & Anor

Global Asset Capital, Inc & Anor v Aabar Block SARL & Anor

The claimants have a realistic prospect of success in establishing that a binding and enforceable contract was concluded on 6 May 2015, subject to conditions, and that the claims for procuring breach of contract and intimidation against Mr Tchenguiz should not be struck out or summarily dismissed. The applications for summary judgment and/or strike out by the Aabar defendants and Mr Tchenguiz are refused. The intimidation claim as originally pleaded is struck out, but permission is granted to amend the particulars of claim to cure the identified defect.

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 Civil Claim / Ruling on Applications for Summary Judgment And/or Strike Out
Outcome
Applications for summary judgment and/or strike out by the Aabar defendants and Mr Tchenguiz refused; permission to amend particulars of claim granted as to intimidation claim.
Legal Topics
Summary Judgment, Strike Out, Enforceability of Contracts, Procuring Breach of Contract, Intimidation Tort, Abuse of Process
Contract Law Tort Law Civil Procedure Summary Judgment Strike Out Enforceability of Contracts Procuring Breach of Contract Intimidation Tort +1 more

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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 Civil Claim / Ruling on Applications for Summary Judgment And/or Strike Out

Legal Issues

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

Ratio Decidendi

The claimants have a realistic prospect of success in establishing that a binding and enforceable contract was concluded on 6 May 2015, subject to conditions, and that the claims for procuring breach of contract and intimidation against Mr Tchenguiz should not be struck out or summarily dismissed. The applications for summary judgment and/or strike out by the Aabar defendants and Mr Tchenguiz are refused. The intimidation claim as originally pleaded is struck out, but permission is granted to amend the particulars of claim to cure the identified defect.

Court Disposition

Applications for summary judgment and/or strike out by the Aabar defendants and Mr Tchenguiz refused; permission to amend particulars of claim granted as to intimidation claim.

Orders

  • Aabar defendants' application for summary judgment/strike out refused.
  • Mr Tchenguiz's application for summary judgment/strike out refused as to procuring breach of contract.