Paralel Routs Ltd v Fedotov

Paralel Routs Ltd v Fedotov

The claimant failed to prove, on the balance of probabilities, that the defendant entered into the loan agreements or deed of variation as alleged, or that payments constituted loan repayments. The documentary and expert evidence did not establish authenticity, and the claimant's case was not corroborated by independent sources. The claim must fail.

Parties
Claimant: Paralel Routs Ltd; Defendant: Sergey Fedotov
Jurisdiction
England and Wales
Judgment Date
15 October 2019
Procedural Posture
Civil / Final Judgment
Outcome
claim dismissed
Legal Topics
Loan Agreements, Fraud, Document Authenticity, Burden of Proof, Expert Evidence, Disclosure
Contract Law Civil Procedure Loan Agreements Fraud Document Authenticity Burden of Proof Expert Evidence Disclosure

Case Brief

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Parties

Paralel Routs Ltd

Claimant

Sergey Fedotov

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the loan agreements and deed of variation relied upon by the claimant are genuine and enforceable
  2. 2 Whether the defendant signed or authorised the signing of the loan agreements
  3. 3 Whether payments between the claimant and defendant constitute loan repayments

Ratio Decidendi

The claimant failed to prove, on the balance of probabilities, that the defendant entered into the loan agreements or deed of variation as alleged, or that payments constituted loan repayments. The documentary and expert evidence did not establish authenticity, and the claimant's case was not corroborated by independent sources. The claim must fail.

Court Disposition

claim dismissed

Orders

  • Claim dismissed
  • Parties to submit draft minute of order to address effect on freezing injunction