Khouj v Acropolis Capital PartnersLtd & Anor [2015] EWHC 224 (Comm) (04 February 2015)

Khouj v Acropolis Capital PartnersLtd & Anor [2015] EWHC 224 (Comm) (04 February 2015)

The defendants have not shown that the claimant has no real prospect of success in the claim, as the existence and nature of the agency relationship and entitlement to documents are matters of fact and law requiring trial.

Source-derived case information.

Citation
[2015] EWHC 224 (Comm)
Parties
Claimant: Azzam Faisal Khouj; Defendant: Acropolis Capital Partners Limited; Defendant: Acropolis Capital Management Limited
Jurisdiction
England and Wales
Judgment Date
04 February 2015
Procedural Posture
Commercial Court Application / Summary Judgment and Strike Out Application
Outcome
Applications for summary judgment and strike out refused.
Legal Topics
Summary Judgment, Strike Out, Disclosure, Agency Relationship, Fiduciary Duties
Agency Fiduciary Law Civil Procedure Summary Judgment Strike Out Disclosure Agency Relationship Fiduciary Duties

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Summary, issues, holding and outcome

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Parties

Azzam Faisal Khouj

Claimant

Acropolis Capital Partners Limited

Defendant

Acropolis Capital Management Limited

Defendant

Procedural Posture

Commercial Court Application / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the defendants acted as agents for Mr Mansouri and owed fiduciary duties to him or his estate
  2. 2 Whether the claimant is entitled to inspect and copy documents held by the defendants
  3. 3 Whether the claim should be struck out for lack of particulars of agreement

Ratio Decidendi

The defendants have not shown that the claimant has no real prospect of success in the claim, as the existence and nature of the agency relationship and entitlement to documents are matters of fact and law requiring trial.

Court Disposition

Applications for summary judgment and strike out refused.

Orders

  • Claim to proceed to trial
  • Claimant to amend pleading following disclosure