Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors

The claimant's case is not fanciful or bound to fail; there are serious triable issues regarding the existence and survival of a joint venture agreement and the possibility of rectification. The strike out and summary judgment applications are dismissed. The proprietary interim injunction is granted on modified terms, as damages would not be an adequate remedy and the balance of convenience favours preserving the funds, subject to specified deductions.

Parties
Claimant: Momenta Holdings (PPI) Ltd; Defendant: Cheval Legal Ltd; Defendant: Steve McGarry; Defendant: Philip Ryan; Defendant: DGM Administrative Services Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial) / Interlocutory Applications (strike Out and Interim Injunction)
Outcome
Strike Out Application dismissed; Interim Injunction Application allowed (with modifications)
Legal Topics
Joint Venture Agreements, Outsourcing Agreements, Rectification, Interim Injunctions, Strike Out Applications, Summary Judgment
Contract Law Equity and Trusts Civil Procedure Joint Venture Agreements Outsourcing Agreements Rectification Interim Injunctions Strike Out Applications +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Momenta Holdings (PPI) Ltd

Claimant

Cheval Legal Ltd

Defendant

Steve McGarry

Defendant

Philip Ryan

Defendant

DGM Administrative Services Ltd

Defendant

Procedural Posture

Civil (commercial) / Interlocutory Applications (strike Out and Interim Injunction)

Legal Issues

  1. 1 Whether the claim discloses reasonable grounds or is an abuse of process
  2. 2 Whether summary judgment should be granted against the claimant
  3. 3 Whether an interim proprietary injunction should be granted over funds in the defendant's client account

Ratio Decidendi

The claimant's case is not fanciful or bound to fail; there are serious triable issues regarding the existence and survival of a joint venture agreement and the possibility of rectification. The strike out and summary judgment applications are dismissed. The proprietary interim injunction is granted on modified terms, as damages would not be an adequate remedy and the balance of convenience favours preserving the funds, subject to specified deductions.

Court Disposition

Strike Out Application dismissed; Interim Injunction Application allowed (with modifications)

Orders

  • Strike Out Application by Cheval dismissed
  • Summary Judgment Application by Cheval dismissed