Rechtsanwalt Dr Michael Jaffé & Anor v Greybull Capital LLP & Ors

Rechtsanwalt Dr Michael Jaffé & Anor v Greybull Capital LLP & Ors

The alleged representations regarding the source of funds were not made by the Defendants at the meeting on 17 October 2016. Even if they had been made, the Claimants did not rely on them when entering Side Letter 7. The applicable law is German law, and under German law, the claim fails for lack of causation and reliance.

Parties
Claimant: Rechtsanwalt Dr. Michael Jaffé; Claimant: WDB Abwicklungs AG i. L. (formerly Wirecard Bank AG); Defendant: Greybull Capital LLP; Defendant: Windsor Jersey Limited; Defendant: Petrol Jersey Limited; Defendant: Marc Joseph Meyohas
Jurisdiction
England and Wales
Judgment Date
10 July 2024
Procedural Posture
Commercial Court Claim / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Fraudulent Misrepresentation, Choice of Law, Causation, Reliance, Limitation, German Law, English Law
Commercial Law Conflict of Laws Fraud Fraudulent Misrepresentation Choice of Law Causation Reliance Limitation +2 more

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Parties

Rechtsanwalt Dr. Michael Jaffé

Claimant

WDB Abwicklungs AG i. L. (formerly Wirecard Bank AG)

Claimant

Greybull Capital LLP

Defendant

Windsor Jersey Limited

Defendant

Petrol Jersey Limited

Defendant

Marc Joseph Meyohas

Defendant

Procedural Posture

Commercial Court Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether alleged fraudulent misrepresentations were made by the Defendants regarding the source of funds injected into Monarch Airlines
  2. 2 Whether the Claimants relied on those representations in entering Side Letter 7
  3. 3 Applicable law to the tort claim (English or German law)

Ratio Decidendi

The alleged representations regarding the source of funds were not made by the Defendants at the meeting on 17 October 2016. Even if they had been made, the Claimants did not rely on them when entering Side Letter 7. The applicable law is German law, and under German law, the claim fails for lack of causation and reliance.

Court Disposition

Claim dismissed