Andoro Trading Corp & Anor v Dolfin Financial (UK) Ltd & Ors (Consequential Matters) [2021] EWHC 1963 (Comm) (16 July 2021)

Andoro Trading Corp & Anor v Dolfin Financial (UK) Ltd & Ors (Consequential Matters) [2021] EWHC 1963 (Comm) (16 July 2021)

The Defendants' applications for summary judgment and strike out failed because the Claimants' pleadings disclosed arguable causes of action in fraud, misrepresentation, trust, and related claims. Costs follow the event, so the Defendants must pay the Claimants' costs, with an interim payment ordered. No stay of the costs order or permission to appeal was granted.

Citation
[2021] EWHC 1963 (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
16 July 2021
Procedural Posture
Commercial Court Proceedings / Post Judgment Consequential Matters
Outcome
Defendants' applications for summary judgment and strike out refused; Claimants awarded costs with interim payment; no stay of costs order; permission to appeal refused.
Legal Topics
Summary Judgment, Strike Out Application, Costs, Misrepresentation, Quistclose Trust, Dishonest Assistance, Knowing Receipt, Accessory Liability, Tortious Interference, Unlawful Means Conspiracy
Commercial Law Fraud Trusts Summary Judgment Strike Out Application Costs Misrepresentation Quistclose Trust +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 Proceedings / Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether the Defendants' application for summary judgment and strike out should succeed
  2. 2 Whether the Claimants' pleadings disclose a reasonable cause of action
  3. 3 Entitlement to costs and interim payment on account of costs

Ratio Decidendi

The Defendants' applications for summary judgment and strike out failed because the Claimants' pleadings disclosed arguable causes of action in fraud, misrepresentation, trust, and related claims. Costs follow the event, so the Defendants must pay the Claimants' costs, with an interim payment ordered. No stay of the costs order or permission to appeal was granted.

Court Disposition

Defendants' applications for summary judgment and strike out refused; Claimants awarded costs with interim payment; no stay of costs order; permission to appeal refused.

Orders

  • Defendants to pay Claimants' costs of the applications
  • Defendants to make interim payment on account of costs of EUR 140,000