Robert Kurvits & Anor v Kaur Kender & Ors

Robert Kurvits & Anor v Kaur Kender & Ors

The court has jurisdiction to order Part 18 responses before service of defence if matters are in dispute and clarification is reasonably necessary and proportionate for case preparation or understanding the case to be met.

Parties
Petitioner: Robert Kurvits; Petitioner: Sander Taal; Respondent: Kaur Kender; Respondent: Tütreke OÜ; Respondent: Yessirnosir Limited; Respondent: Zaum UK Ltd
Jurisdiction
England and Wales
Judgment Date
30 May 2025
Procedural Posture
Winding Up Petition / Interlocutory Application (part 18 CPR Requests)
Outcome
Part 18 requests granted (except request regarding removal of Mr Taal); petitioners directed to answer within 21 days.
Legal Topics
Just and Equitable Winding Up, Failure of Substratum, Clarification Under CPR Part 18, Copyright Ownership, Shareholder Disputes
Company Law Insolvency Law Intellectual Property Just and Equitable Winding Up Failure of Substratum Clarification Under CPR Part 18 Copyright Ownership Shareholder Disputes

Case Brief

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Parties

Robert Kurvits

Petitioner

Sander Taal

Petitioner

Kaur Kender

Respondent

Tütreke OÜ

Respondent

Yessirnosir Limited

Respondent

Zaum UK Ltd

Respondent

Procedural Posture

Winding Up Petition / Interlocutory Application (part 18 CPR Requests)

Legal Issues

  1. 1 Whether Part 18 CPR requests can be ordered before service of defence
  2. 2 Clarification of the scope and nature of the relief sought
  3. 3 Whether the company’s substratum has failed

Ratio Decidendi

The court has jurisdiction to order Part 18 responses before service of defence if matters are in dispute and clarification is reasonably necessary and proportionate for case preparation or understanding the case to be met.

Court Disposition

Part 18 requests granted (except request regarding removal of Mr Taal); petitioners directed to answer within 21 days.

Orders

  • Petitioners to answer all Part 18 requests except the request relating to removal of Mr Taal within 21 days.