Caldero Trading Ltd. v Beppler & Jacobson Ltd & Ors

Caldero Trading Ltd. v Beppler & Jacobson Ltd & Ors

Lawson Trading Limited and Sergey Scheklanov are necessary parties due to their involvement in the disputed agency agreements and funding basis, and should be joined; the petition against Marcel Telser should not be struck out as he is central to the alleged wrongdoing and disclosure; use of disclosed documents for...

Source-derived case information.

Parties
Petitioner: Caldero Trading Limited; Respondent: Beppler & Jacobson Limited; Respondent: Beppler & Jacobson Montenegro D.O.O.; Respondent: Leibson Corporation Limited; Respondent: Belinda Capital Limited; Respondent: Igor Lazurenko; Respondent: Marcel Telser; Proposed Respondent: Lawson Trading Limited; Proposed Respondent: Sergey Scheklanov
Jurisdiction
England and Wales
Judgment Date
14 June 2012
Procedural Posture
Company Petition / Interim Applications Before Trial
Outcome
Applications to join Lawson Trading Limited and Sergey Scheklanov allowed; application to strike out Marcel Telser refused; application to restrain use of documents dismissed.
Legal Topics
Winding Up on Just and Equitable Ground, Unfair Prejudice, Joinder of Parties, Disclosure and Use of Documents, Freezing Injunctions
Company Law Civil Procedure Winding Up on Just and Equitable Ground Unfair Prejudice Joinder of Parties Disclosure and Use of Documents Freezing Injunctions

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Summary, issues, holding and outcome

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Parties

Caldero Trading Limited

Petitioner

Beppler & Jacobson Limited

Respondent

Beppler & Jacobson Montenegro D.O.O.

Respondent

Leibson Corporation Limited

Respondent

Belinda Capital Limited

Respondent

Igor Lazurenko

Respondent

Marcel Telser

Respondent

Lawson Trading Limited

Proposed Respondent

Sergey Scheklanov

Proposed Respondent

Procedural Posture

Company Petition / Interim Applications Before Trial

Legal Issues

  1. 1 Whether Lawson Trading Limited and Sergey Scheklanov should be joined as respondents
  2. 2 Whether the petition against Marcel Telser should be struck out
  3. 3 Whether the petitioner breached restrictions on use of disclosed documents

Ratio Decidendi

Lawson Trading Limited and Sergey Scheklanov are necessary parties due to their involvement in the disputed agency agreements and funding basis, and should be joined; the petition against Marcel Telser should not be struck out as he is central to the alleged wrongdoing and disclosure; use of disclosed documents for informing TNK-BP funders is permitted under CPR 31.22 and 32.12, but the affirmation compelled under Mareva jurisdiction is subject to implied undertaking and should not have been shown, though no relief is granted as the information is replicated elsewhere.

Court Disposition

Applications to join Lawson Trading Limited and Sergey Scheklanov allowed; application to strike out Marcel Telser refused; application to restrain use of documents dismissed.

Orders

  • Lawson Trading Limited and Sergey Scheklanov joined as respondents.
  • Marcel Telser remains a respondent; strike out refused.