CMOC Sales & Marketing Ltd v Person Unknown & Ors

CMOC Sales & Marketing Ltd v Person Unknown & Ors

All relevant defendants are liable to CMOC for receipt and onward transmission of stolen funds under proprietary claims, dishonest assistance, unlawful means conspiracy, and knowing receipt; unjust enrichment succeeds only against Level 1 payees. The court has jurisdiction to grant world-wide freezing orders against persons unknown and authorise alternative service methods. CMOC is entitled to compound interest, costs on an indemnity basis, and mitigation damages.

Parties
Claimant: CMOC Sales & Marketing Limited; Defendant: Person Unknown and 30 others
Jurisdiction
England and Wales
Judgment Date
26 July 2018
Procedural Posture
Commercial Fraud / Final Judgment
Outcome
Judgment for claimant on all substantive claims except unjust enrichment against Level 2 and 3 payees; costs and interest awarded.
Legal Topics
Proprietary Claims, Dishonest Assistance, Unlawful Means Conspiracy, Knowing Receipt, Unjust Enrichment, Freezing Orders, Service by Electronic Means
Civil Procedure Commercial Law Equity Trusts Cybercrime Proprietary Claims Dishonest Assistance Unlawful Means Conspiracy +4 more

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Parties

CMOC Sales & Marketing Limited

Claimant

Person Unknown and 30 others

Defendant

Procedural Posture

Commercial Fraud / Final Judgment

Legal Issues

  1. 1 Whether the defendants are liable for receipt and onward transmission of stolen funds under proprietary claims, dishonest assistance, unlawful means conspiracy, knowing receipt, and unjust enrichment
  2. 2 Whether the court has jurisdiction to grant world-wide freezing orders against persons unknown
  3. 3 Whether alternative service methods (Facebook Messenger, WhatsApp, data room) are valid

Ratio Decidendi

All relevant defendants are liable to CMOC for receipt and onward transmission of stolen funds under proprietary claims, dishonest assistance, unlawful means conspiracy, and knowing receipt; unjust enrichment succeeds only against Level 1 payees. The court has jurisdiction to grant world-wide freezing orders against persons unknown and authorise alternative service methods. CMOC is entitled to compound interest, costs on an indemnity basis, and mitigation damages.

Court Disposition

Judgment for claimant on all substantive claims except unjust enrichment against Level 2 and 3 payees; costs and interest awarded.

Orders

  • Declaration that relevant defendants hold traceable proceeds of CMOC monies on trust for CMOC
  • Order for payment out of traceable proceeds