Nitron Group BV v Nitron Group BV & Ors

Nitron Group BV v Nitron Group BV & Ors

Mr Vasilyev made false representations to Nitron regarding the acquisition and readiness of goods, knowing them to be untrue, inducing Nitron to make pre-payments. Nitron relied on these representations and suffered losses. Mr Vasilyev is liable in deceit; Sarsso is not liable as there was no evidence Mr Vasilyev acted for Sarsso. Negligence claims fail as no personal duty of care was assumed.

Parties
Claimant: Nitron Group BV (in liquidation); Defendant: Barington Alliance LLP; Defendant: Vladimir Sofronovich Vasilyev; Defendant: Sarsso Ltd
Jurisdiction
England and Wales
Judgment Date
19 May 2020
Procedural Posture
Commercial Claim for Damages and Injunction / Judgment After Trial
Outcome
Judgment for Nitron against Mr Vasilyev and Barington; claims against Sarsso dismissed; damages and interest awarded; variation of freezing injunction granted.
Legal Topics
Deceit, Negligent Misstatement, Worldwide Freezing Injunction, Damages, Jurisdiction, Service of Proceedings
Commercial Law Tort Law Deceit Negligent Misstatement Worldwide Freezing Injunction Damages Jurisdiction Service of Proceedings

Case Brief

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Parties

Nitron Group BV (in liquidation)

Claimant

Barington Alliance LLP

Defendant

Vladimir Sofronovich Vasilyev

Defendant

Sarsso Ltd

Defendant

Procedural Posture

Commercial Claim for Damages and Injunction / Judgment After Trial

Legal Issues

  1. 1 Whether Mr Vasilyev made false representations to Nitron
  2. 2 Whether Nitron relied on those representations
  3. 3 Whether Mr Vasilyev and Sarsso are liable in deceit or negligence

Ratio Decidendi

Mr Vasilyev made false representations to Nitron regarding the acquisition and readiness of goods, knowing them to be untrue, inducing Nitron to make pre-payments. Nitron relied on these representations and suffered losses. Mr Vasilyev is liable in deceit; Sarsso is not liable as there was no evidence Mr Vasilyev acted for Sarsso. Negligence claims fail as no personal duty of care was assumed.

Court Disposition

Judgment for Nitron against Mr Vasilyev and Barington; claims against Sarsso dismissed; damages and interest awarded; variation of freezing injunction granted.

Orders

  • Nitron awarded damages of Euros 1,236,503.18 and £22,932.76 plus interest.
  • Pre-judgment interest of Euros 51,808.49 and £563.77 awarded.