Tchenguiz & Ors v Grant Thornton UK Llp & Ors

Tchenguiz & Ors v Grant Thornton UK Llp & Ors

The Settlement Agreement, on its true interpretation, releases and bars the Claimants from pursuing the claims against Mr Johannsson, including those based on alleged misconduct or fraud, as the language is sufficiently clear and directed to the relevant subject matter. The exceptions and qualifications in the agreement do not preserve the claims, and there is no arguable case of sharp practice, illegality, or breach of fiduciary duty that would prevent enforcement. CBG has no viable claim against Mr Johannsson.

Parties
Claimant: Vincent Aziz Tchenguiz; Claimant: Rawlinson and Hunter Trustees S.A (as trustee of the Tchenguiz Family Trust); Claimant: Vincos Limited trading as Consensus Business Group; Claimant: Euro Investments Overseas Inc (suing for itself and as representative of companies listed in the schedule to the Claim Form); Defendant: Grant Thornton UK LLP; Defendant: Stephen John Akers; Defendant: Hossein Hamedani; Defendant: Johannes Runar Johannsson; Third Party: William Proctor
Jurisdiction
England and Wales
Judgment Date
20 April 2016
Procedural Posture
Commercial Court Claim (summary Judgment Application) / Summary Judgment
Outcome
Summary judgment granted for the Fifth Defendant (Mr Johannsson) against the Claimants.
Legal Topics
Settlement Agreements, Release of Claims, Summary Judgment, Interpretation of Contracts, Third Party Rights, Illegality, Fiduciary Duty
Contract Law Civil Procedure Settlement Agreements Release of Claims Summary Judgment Interpretation of Contracts Third Party Rights Illegality +1 more

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Parties

Vincent Aziz Tchenguiz

Claimant

Rawlinson and Hunter Trustees S.A (as trustee of the Tchenguiz Family Trust)

Claimant

Vincos Limited trading as Consensus Business Group

Claimant

Euro Investments Overseas Inc (suing for itself and as representative of companies listed in the schedule to the Claim Form)

Claimant

Grant Thornton UK LLP

Defendant

Stephen John Akers

Defendant

Hossein Hamedani

Defendant

Johannes Runar Johannsson

Defendant

William Proctor

Third Party

Procedural Posture

Commercial Court Claim (summary Judgment Application) / Summary Judgment

Legal Issues

  1. 1 Whether the Settlement Agreement bars the Claimants from pursuing claims against Mr Johannsson
  2. 2 Whether the releases in the Settlement Agreement extend to unknown and fraud-based claims
  3. 3 Whether the Settlement Agreement is tainted by illegality or sharp practice

Ratio Decidendi

The Settlement Agreement, on its true interpretation, releases and bars the Claimants from pursuing the claims against Mr Johannsson, including those based on alleged misconduct or fraud, as the language is sufficiently clear and directed to the relevant subject matter. The exceptions and qualifications in the agreement do not preserve the claims, and there is no arguable case of sharp practice, illegality, or breach of fiduciary duty that would prevent enforcement. CBG has no viable claim against Mr Johannsson.

Court Disposition

Summary judgment granted for the Fifth Defendant (Mr Johannsson) against the Claimants.

Orders

  • Summary judgment in favour of Mr Johannsson against all Claimants.
  • Declarations in relation to the indemnities agreed at Clause 9 of the Settlement Agreement.