Concept Oil Services Ltd v En-Gin Group L & Ors [2013] EWHC 1897 (Comm) (05 July 2013)

Concept Oil Services Ltd v En-Gin Group L & Ors [2013] EWHC 1897 (Comm) (05 July 2013)

The defendants, by fraudulent misrepresentations and deliberate concealment of changes to the corporate structure, induced the claimant to advance funds and enter agreements, and conspired to strip assets from the English company to defeat the claimant's claims. The elements of deceit and conspiracy are made out, and the relevant transactions are void or liable to be set aside. Damages are awarded for the sums advanced and lost by the claimant as a result of the deceit and conspiracy.

Citation
[2013] EWHC 1897 (Comm)
Parties
Claimant: Concept Oil Services Limited; Defendant: En-Gin Group LLP; Defendant: En-Gin Production LLP; Defendant: Mr Alexander Kontsevoy; Defendant: Mr Yerlan Buratov; Defendant: Skyagra Development LLP; Defendant: En-Gin Limited (Anguilla); Defendant: Akkert SA; Defendant: Akkert Kazakhstan LLP; Defendant: En-Gin Ltd; Defendant: NKCES-Trade LLC; Defendant: Larson Complex Ltd.
Jurisdiction
England and Wales
Judgment Date
05 July 2013
Procedural Posture
Commercial Claim (deceit, Conspiracy, Void Transactions, Insolvency Act Relief) / Judgment After Trial on Merits (defendants Not Appearing, Claimant Proceeding on Notice)
Outcome
Judgment for the claimant.
Legal Topics
Deceit, Fraudulent Misrepresentation, Unlawful Means Conspiracy, Void Transactions, Vicarious Liability, Joint Tortfeasorship, Freezing Injunction, Jurisdiction, Enforcement of Foreign Judgments
Commercial Law Tort Law Company Law Insolvency Law Deceit Fraudulent Misrepresentation Unlawful Means Conspiracy Void Transactions +5 more

Case Brief

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Parties

Concept Oil Services Limited

Claimant

En-Gin Group LLP

Defendant

En-Gin Production LLP

Defendant

Mr Alexander Kontsevoy

Defendant

Mr Yerlan Buratov

Defendant

Skyagra Development LLP

Defendant

En-Gin Limited (Anguilla)

Defendant

Akkert SA

Defendant

Akkert Kazakhstan LLP

Defendant

En-Gin Ltd

Defendant

NKCES-Trade LLC

Defendant

Larson Complex Ltd.

Defendant

Procedural Posture

Commercial Claim (deceit, Conspiracy, Void Transactions, Insolvency Act Relief) / Judgment After Trial on Merits (defendants Not Appearing, Claimant Proceeding on Notice)

Legal Issues

  1. 1 Whether the defendants are liable in deceit for fraudulent misrepresentation
  2. 2 Whether the defendants are liable for conspiracy to injure by unlawful means
  3. 3 Whether the restructuring transactions are void and/or liable to be set aside under the Insolvency Act 1986

Ratio Decidendi

The defendants, by fraudulent misrepresentations and deliberate concealment of changes to the corporate structure, induced the claimant to advance funds and enter agreements, and conspired to strip assets from the English company to defeat the claimant's claims. The elements of deceit and conspiracy are made out, and the relevant transactions are void or liable to be set aside. Damages are awarded for the sums advanced and lost by the claimant as a result of the deceit and conspiracy.

Court Disposition

Judgment for the claimant.

Orders

  • Defendants (except tenth and eleventh) are jointly and severally liable in deceit and conspiracy.
  • Declaration that the transactions effecting the alteration of corporate structure are void and/or liable to be set aside.