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
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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
Legal Issues
- 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 Whether the pleadings disclose an arguable case to proceed to trial
- 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.
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