Gupta & Anor v Shah & Ors [2025] EWHC 1811 (Ch) (15 July 2025)

Gupta & Anor v Shah & Ors [2025] EWHC 1811 (Ch) (15 July 2025)

There is no real prospect of the claimants establishing that Kadir or Meltem received any sums from the misappropriated fund other than the £100,000 each already repaid, nor that they acted dishonestly or with knowledge of the fraud. The claims in deceit, conspiracy, dishonest assistance, knowing receipt, and unjust enrichment are speculative and unsupported by evidence. The proprietary claims fail for lack of traceable receipt beyond the sums already repaid. The claimants' decision not to prepare evidence or review disclosure is not a basis to adjourn or allow the claims to proceed to trial.

Citation
[2025] EWHC 1811 (Ch)
Parties
Claimant: Sunil Gupta; Claimant: Sunil Gupta M.D. LLC d/b/a Retina Speciality Institute; Defendant: Olgun Halil Shah; Defendant: Lex Foundation Limited; Defendant: Nurel Halil Shah; Defendant: Kadir Halil Shah; Defendant: Kerem Halil Shah; Defendant: Meltem Halil Shah
Jurisdiction
England and Wales
Judgment Date
15 July 2025
Procedural Posture
Civil (chancery Division) / Application for Summary Judgment and Strike Out
Outcome
Summary judgment granted for the Fourth and Sixth Defendants (Kadir and Meltem); claims against them dismissed.
Legal Topics
Summary Judgment, Strike Out, Knowing Receipt, Dishonest Assistance, Unjust Enrichment, Conspiracy, Deceit, Disclosure, Freezing Orders
Civil Fraud Trusts Equity Civil Procedure Summary Judgment Strike Out Knowing Receipt Dishonest Assistance +5 more

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Parties

Sunil Gupta

Claimant

Sunil Gupta M.D. LLC d/b/a Retina Speciality Institute

Claimant

Olgun Halil Shah

Defendant

Lex Foundation Limited

Defendant

Nurel Halil Shah

Defendant

Kadir Halil Shah

Defendant

Kerem Halil Shah

Defendant

Meltem Halil Shah

Defendant

Procedural Posture

Civil (chancery Division) / Application for Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the claimants have a real prospect of success against the Fourth and Sixth Defendants (Kadir and Meltem) on claims of knowing receipt, dishonest assistance, conspiracy, deceit, and unjust enrichment; whether the proprietary claims to sums received by Kadir and Meltem can succeed; whether the claim should be struck out or summary judgment entered for Kadir and Meltem.

Ratio Decidendi

There is no real prospect of the claimants establishing that Kadir or Meltem received any sums from the misappropriated fund other than the £100,000 each already repaid, nor that they acted dishonestly or with knowledge of the fraud. The claims in deceit, conspiracy, dishonest assistance, knowing receipt, and unjust enrichment are speculative and unsupported by evidence. The proprietary claims fail for lack of traceable receipt beyond the sums already repaid. The claimants' decision not to prepare evidence or review disclosure is not a basis to adjourn or allow the claims to proceed to trial.

Court Disposition

Summary judgment granted for the Fourth and Sixth Defendants (Kadir and Meltem); claims against them dismissed.

Orders

  • Application for adjournment refused.
  • Summary judgment entered for Kadir Halil Shah and Meltem Halil Shah.