Orb A.R.L. & Ors v Ruhan & Ors

Orb A.R.L. & Ors v Ruhan & Ors

Permission to amend the claim form and particulars of claim against Mr Ruhan is granted. Permission for service out of the jurisdiction and proprietary injunctions against the proposed second to fifth defendants is refused because the claimants have already recovered more than their best entitlement, failed to make full and frank disclosure, and did not come with clean hands. Mr Ruhan is permitted to amend his defence and bring counterclaims and claims against additional parties, as there is a strongly arguable case and justice requires the claims to be determined despite previous misleading statements. Costs of the failed applications are to be paid on the indemnity basis.

Parties
Claimant: Orb A. R. L.; Claimant: Roger James Taylor; Claimant: Nicholas Thomas; Defendant: Andrew Joseph Ruhan; Proposed Defendant: Anthony Edward Stevens; Proposed Defendant: Grenda Investments Limited; Proposed Defendant: Phoenix Group Foundation; Proposed Defendant: Bluestone Securities Limited; Proposed Party: Simon John McNally; Proposed Party: Simon Nicholas Hope Cooper; Proposed Party: Gail Alison Cochrane; Proposed Party: Gerald Martin Smith; Proposed Party: SMA Investment Holdings Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Civil Commercial / Interlocutory Applications for Amendment, Joinder, Service Out, and Injunctions
Outcome
Permission to amend granted in part; service out and injunctions refused; permission to amend and join additional parties granted; costs orders made.
Legal Topics
Amendment of Pleadings, Joinder of Parties, Service Out of Jurisdiction, Proprietary Injunctions, Constructive Trusts, Fiduciary Duties, Tracing Claims, Limitation, Abuse of Process
Equity and Trusts Civil Procedure Commercial Law Amendment of Pleadings Joinder of Parties Service Out of Jurisdiction Proprietary Injunctions Constructive Trusts +4 more

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Parties

Orb A. R. L.

Claimant

Roger James Taylor

Claimant

Nicholas Thomas

Claimant

Andrew Joseph Ruhan

Defendant

Anthony Edward Stevens

Proposed Defendant

Grenda Investments Limited

Proposed Defendant

Phoenix Group Foundation

Proposed Defendant

Bluestone Securities Limited

Proposed Defendant

Simon John McNally

Proposed Party

Simon Nicholas Hope Cooper

Proposed Party

Gail Alison Cochrane

Proposed Party

Gerald Martin Smith

Proposed Party

SMA Investment Holdings Limited

Proposed Party

Procedural Posture

Civil Commercial / Interlocutory Applications for Amendment, Joinder, Service Out, and Injunctions

Legal Issues

  1. 1 Whether to grant permission to amend pleadings and join additional parties
  2. 2 Whether to permit service out of the jurisdiction and grant proprietary injunctions
  3. 3 Whether the claimants have a serious issue to be tried on tracing and constructive trust claims

Ratio Decidendi

Permission to amend the claim form and particulars of claim against Mr Ruhan is granted. Permission for service out of the jurisdiction and proprietary injunctions against the proposed second to fifth defendants is refused because the claimants have already recovered more than their best entitlement, failed to make full and frank disclosure, and did not come with clean hands. Mr Ruhan is permitted to amend his defence and bring counterclaims and claims against additional parties, as there is a strongly arguable case and justice requires the claims to be determined despite previous misleading statements. Costs of the failed applications are to be paid on the indemnity basis.

Court Disposition

Permission to amend granted in part; service out and injunctions refused; permission to amend and join additional parties granted; costs orders made.

Orders

  • Permission to amend the Amended Claim Form and Particulars of Claim against Mr Ruhan granted.
  • Permission for service out of the jurisdiction and proprietary injunctions against proposed second to fifth defendants refused.