Tchenguiz & Ors v Grant Thornton UK LLP & Ors

Tchenguiz & Ors v Grant Thornton UK LLP & Ors

The Settlement Agreement is enforceable and bars the claims of the VT and RT Claimants against the GT Defendants and Mr Jóhannsson. The agreement is not illegal, nor is its object or performance illegal. The claims do not fall within any exception or qualification to the release. There is no evidential basis for...

Source-derived case information.

Parties
Claimant: Vincent Aziz Tchenguiz; Claimant: Rawlinson and Hunter Trustees S. A.; Claimant: Vincos Limited; Claimant: Euro Investments Overseas Inc; Claimant: Robert Tchenguiz; Defendant: Grant Thornton UK LLP; Defendant: Stephen John Akers; Defendant: Hossein Hamedani; Defendant: Jóhannes Rúnar Jóhannsson
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Civil Commercial / Summary Judgment Application
Outcome
Summary judgment granted for Defendants
Legal Topics
Settlement Agreements, Illegality Doctrine, Conspiracy, Malicious Prosecution, Summary Judgment, Release of Claims
Contract Law Tort Law Civil Procedure Settlement Agreements Illegality Doctrine Conspiracy Malicious Prosecution Summary Judgment +1 more

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Parties

Vincent Aziz Tchenguiz

Claimant

Rawlinson and Hunter Trustees S. A.

Claimant

Vincos Limited

Claimant

Euro Investments Overseas Inc

Claimant

Robert Tchenguiz

Claimant

Grant Thornton UK LLP

Defendant

Stephen John Akers

Defendant

Hossein Hamedani

Defendant

Jóhannes Rúnar Jóhannsson

Defendant

Procedural Posture

Civil Commercial / Summary Judgment Application

Legal Issues

  1. 1 Whether the Settlement Agreement bars the VT and RT Claimants' claims against the GT Defendants and Mr Jóhannsson
  2. 2 Whether the Settlement Agreement is unenforceable due to illegality or unconscionability
  3. 3 Whether CBG has a viable claim for loss or conspiracy

Ratio Decidendi

The Settlement Agreement is enforceable and bars the claims of the VT and RT Claimants against the GT Defendants and Mr Jóhannsson. The agreement is not illegal, nor is its object or performance illegal. The claims do not fall within any exception or qualification to the release. There is no evidential basis for CBG's claim or the Somerfield Proceeds Claim. The doctrine of sharp practice does not apply as the release was not general but specific and entered into with legal advice.

Court Disposition

Summary judgment granted for Defendants

Orders

  • Summary judgment for the GT Defendants in the VT Proceedings, concluding those proceedings (counterclaim apart), subject to appeal.
  • Summary judgment for the GT Defendants and Mr Jóhannsson on the Somerfield Proceeds Claim in the RT Proceedings.