Cadogan Petroleum Plc & Ors v Tolley & Ors [2009] EWHC 2527 (Ch) (16 October 2009)

Cadogan Petroleum Plc & Ors v Tolley & Ors [2009] EWHC 2527 (Ch) (16 October 2009)

The court held that the cross-examination transcript is relevant to the issues of tracing assets and credibility, and that it is just and convenient to allow its use at trial if the First Defendant serves a witness statement. The use of the transcript is restricted and may not be used if the First Defendant does not serve evidence.

Citation
[2009] EWHC 2527 (Ch)
Parties
Claimant: Cadogan Petroleum Plc; Claimant: Cadogan Petroleum Holdings Ltd; Claimant: LLC Astroinvest-Ukraine; Claimant: US Enco Ukraine; Defendant: Mark Tolley; Defendant: Marksman International Ltd; Defendant: Natural Resource Ltd; Defendant: Vasyl Vivcharyk; Defendant: VPV Oil Investments LLC; Defendant: Smith Eurasia Ltd; Defendant: Vladimir Shlimak; Defendant: SonicGauge Inc; Defendant: Global Process Systems LLC; Defendant: Global Process Systems Inc; Defendant: Clint Elgar; Defendant: Anthony Wright; Defendant: Wayne Goranson; Defendant: AOE Energy Inc; Defendant: Philip March
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Civil / Interlocutory Application (case Management)
Outcome
Application granted with conditions
Legal Topics
Use of Cross Examination Transcripts, Freezing Orders, Breach of Contract, Breach of Trust, Conspiracy
Civil Procedure Use of Cross Examination Transcripts Freezing Orders Breach of Contract Breach of Trust Conspiracy

Case Brief

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Parties

Cadogan Petroleum Plc

Claimant

Cadogan Petroleum Holdings Ltd

Claimant

LLC Astroinvest-Ukraine

Claimant

US Enco Ukraine

Claimant

Mark Tolley

Defendant

Marksman International Ltd

Defendant

Natural Resource Ltd

Defendant

Vasyl Vivcharyk

Defendant

VPV Oil Investments LLC

Defendant

Smith Eurasia Ltd

Defendant

Vladimir Shlimak

Defendant

SonicGauge Inc

Defendant

Global Process Systems LLC

Defendant

Global Process Systems Inc

Defendant

Clint Elgar

Defendant

Anthony Wright

Defendant

Wayne Goranson

Defendant

AOE Energy Inc

Defendant

Philip March

Defendant

Procedural Posture

Civil / Interlocutory Application (case Management)

Legal Issues

  1. 1 Whether the Claimants may use the transcript of the cross-examination of the First Defendant at trial, subject to restrictions

Ratio Decidendi

The court held that the cross-examination transcript is relevant to the issues of tracing assets and credibility, and that it is just and convenient to allow its use at trial if the First Defendant serves a witness statement. The use of the transcript is restricted and may not be used if the First Defendant does not serve evidence.

Court Disposition

Application granted with conditions

Orders

  • Claimants may use the cross-examination transcript at trial if the First Defendant serves a witness statement.
  • Restriction on use of the transcript for criminal or contempt proceedings remains unless ordered by the court.