Khouj v Acropolis Capital PartnersLtd & Anor

Khouj v Acropolis Capital PartnersLtd & Anor

The defendants have not shown that the claimant has no real prospect of success in its claim, as there are disputed facts and arguable points of law regarding the existence and scope of any agency relationship and entitlement to documents. The pleadings, while thin, are sufficient at this stage and can be amended after disclosure.

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
Civil / Summary Judgment and Strike Out Application
Outcome
Defendants' applications for summary judgment and to strike out the pleading refused
Legal Topics
Summary Judgment, Strike Out, Agency Relationship, Disclosure of Documents, Fiduciary Obligations
Agency Law Fiduciary Duties Civil Procedure Summary Judgment Strike Out Agency Relationship Disclosure of Documents Fiduciary Obligations

Case Brief

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Parties

Azzam Faisal Khouj

Claimant

Acropolis Capital Partners Limited

Defendant

Acropolis Capital Management Limited

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in establishing an agency relationship and entitlement to documents
  2. 2 Whether the pleadings should be struck out for lack of particularity

Ratio Decidendi

The defendants have not shown that the claimant has no real prospect of success in its claim, as there are disputed facts and arguable points of law regarding the existence and scope of any agency relationship and entitlement to documents. The pleadings, while thin, are sufficient at this stage and can be amended after disclosure.

Court Disposition

Defendants' applications for summary judgment and to strike out the pleading refused

Orders

  • Application for summary judgment refused
  • Application to strike out the pleading refused