Andoro Trading Corp & Anor v Dolfin Financial (UK) Ltd & Ors [2021] EWHC 1578 (Comm) (10 June 2021)

Andoro Trading Corp & Anor v Dolfin Financial (UK) Ltd & Ors [2021] EWHC 1578 (Comm) (10 June 2021)

There is a seriously arguable case of conspiracy to defraud and related causes of action against the defendants. The facts are complex, disclosure is ongoing, and the claimants are at a disadvantage in piecing together the events. The claim is not suitable for summary judgment or strike out at this stage, and all...

Source-derived case information.

Citation
[2021] EWHC 1578 (Comm)
Parties
Claimant: Andoro Trading Corp; Claimant: Uroco Limited; Defendant: Dolfin Financial (UK) Ltd; Defendant: Dolfin Asset Services Limited; Defendant: Ankor Private Office Ltd. (formerly Dolfin Private Office Ltd); Defendant: Roman Joukovski
Jurisdiction
England and Wales
Judgment Date
10 June 2021
Procedural Posture
Commercial Court Claim / Application to Strike Out or for Summary Judgment
Outcome
Defendants' applications for summary judgment and strike out dismissed.
Legal Topics
Fraudulent Misrepresentation, Breach of Trust, Dishonest Assistance, Knowing Receipt, Unlawful Means Conspiracy, Inducing Breach of Contract, Collateral Contract, Quistclose Trust, Summary Judgment, Strike Out
Commercial Law Fraud Trusts Fraudulent Misrepresentation Breach of Trust Dishonest Assistance Knowing Receipt Unlawful Means Conspiracy +5 more

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Parties

Andoro Trading Corp

Claimant

Uroco Limited

Claimant

Dolfin Financial (UK) Ltd

Defendant

Dolfin Asset Services Limited

Defendant

Ankor Private Office Ltd. (formerly Dolfin Private Office Ltd)

Defendant

Roman Joukovski

Defendant

Procedural Posture

Commercial Court Claim / Application to Strike Out or for Summary Judgment

  1. 1 Whether the claimants have a real prospect of succeeding at trial on claims of fraud, breach of trust, and related causes of action
  2. 2 Whether the pleadings disclose an arguable case to proceed to trial
  3. 3 Whether any part of the claim should be struck out or summarily dismissed

Ratio Decidendi

There is a seriously arguable case of conspiracy to defraud and related causes of action against the defendants. The facts are complex, disclosure is ongoing, and the claimants are at a disadvantage in piecing together the events. The claim is not suitable for summary judgment or strike out at this stage, and all pleaded causes of action should proceed to trial.

Court Disposition

Defendants' applications for summary judgment and strike out dismissed.

Orders

  • The applications to strike out the Amended Particulars of Claim and/or for summary judgment are dismissed.