Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

Sukhoruchkin & Ors v Van Bekestein & Ors [2013] EWHC 1993 (Ch) (11 July 2013)

The claimants have a good arguable case that Marc and Sanjit owed them fiduciary duties in the operation and management of the relevant companies and that there is a serious issue to be tried regarding the alleged diversion of assets. The requirements for the continuation of proprietary and freezing injunctions are met, subject to the reflective loss principle, which precludes certain claims but not all. The injunctions should be continued with modifications to the asset definition and quantum.

Citation
[2013] EWHC 1993 (Ch)
Parties
Claimant: Pavel Sukhoruchkin; Claimant: Hurley Investment Holdings Limited; Claimant: Pavel Novoselov; Claimant: Vickgram Holdings Limited; Defendant: Marc Giebels van Bekestein; Defendant: Sanjit Talukdar; Defendant: Ametista Patrimonial (Mauritius) Limited; Defendant: PNT Capital Advisors; Defendant: Blue Pearl Advisors Limited; Defendant: Telnic Limited; Defendant: Ametista Patrimonial SA
Jurisdiction
England and Wales
Judgment Date
11 July 2013
Procedural Posture
Interlocutory Application (injunction) in Civil Proceedings / Application to Continue Proprietary and Freezing Injunctions Pending Trial
Outcome
Application granted in part
Legal Topics
Freezing Injunctions, Proprietary Injunctions, Fiduciary Duties, Reflective Loss, Asset Tracing, Interlocutory Relief
Equity and Trusts Company Law Civil Procedure Freezing Injunctions Proprietary Injunctions Fiduciary Duties Reflective Loss Asset Tracing +1 more

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Parties

Pavel Sukhoruchkin

Claimant

Hurley Investment Holdings Limited

Claimant

Pavel Novoselov

Claimant

Vickgram Holdings Limited

Claimant

Marc Giebels van Bekestein

Defendant

Sanjit Talukdar

Defendant

Ametista Patrimonial (Mauritius) Limited

Defendant

PNT Capital Advisors

Defendant

Blue Pearl Advisors Limited

Defendant

Telnic Limited

Defendant

Ametista Patrimonial SA

Defendant

Procedural Posture

Interlocutory Application (injunction) in Civil Proceedings / Application to Continue Proprietary and Freezing Injunctions Pending Trial

Legal Issues

  1. 1 Whether the claimants have a good arguable case for proprietary and freezing injunctions against the defendants
  2. 2 Whether Marc Giebels van Bekestein and Sanjit Talukdar owed fiduciary duties to the claimants
  3. 3 Whether the claims are barred by the reflective loss principle

Ratio Decidendi

The claimants have a good arguable case that Marc and Sanjit owed them fiduciary duties in the operation and management of the relevant companies and that there is a serious issue to be tried regarding the alleged diversion of assets. The requirements for the continuation of proprietary and freezing injunctions are met, subject to the reflective loss principle, which precludes certain claims but not all. The injunctions should be continued with modifications to the asset definition and quantum.

Court Disposition

Application granted in part

Orders

  • Proprietary and freezing injunctions continued until judgment or further order, with the definition of Trust Assets extended to include sums received from Telnic.
  • Asset freeze quantum increased from £13 million to £14.5 million.