Ghura & Ors v Dalal & Ors [2015] EWHC 1685 (Ch) (11 June 2015)

Ghura & Ors v Dalal & Ors [2015] EWHC 1685 (Ch) (11 June 2015)

Final injunction granted to clarify trustee obligations and information provision. Costs apportioned: Claimants to pay 30% of First Defendant's costs of defending the claim, with costs judge to allocate common costs 65% to defence of claim. Conduct of Claimants (fabrication and non-disclosure of documents) negates any credit from settlement offers. Counterclaim and claim treated as separate for costs; no order as to costs for counterclaim. Claims and counterclaims dismissed as specified.

Citation
[2015] EWHC 1685 (Ch)
Parties
Claimant: Apinder Singh Ghura; Claimant: Khushninder Singh Ghura; Claimant: Amarjit Singh; Claimant: Chan Casuals Limited; Claimant: Boi Trading Company Limited; Defendant: Shokat Mohammed Dalal; Defendant: Khalid Dalal; Defendant: Blackburn Clothing Company Limited
Jurisdiction
England and Wales
Judgment Date
11 June 2015
Procedural Posture
Chancery Division High Court / Post Trial Consequential Hearing and Final Orders
Outcome
Final injunction granted; claims and counterclaims dismissed as specified; costs apportioned.
Legal Topics
Breach of Trust, Declaratory Relief, Costs Assessment, Injunctions, Counterclaim, Settlement Offers
Trusts Civil Procedure Costs Breach of Trust Declaratory Relief Costs Assessment Injunctions Counterclaim +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Apinder Singh Ghura

Claimant

Khushninder Singh Ghura

Claimant

Amarjit Singh

Claimant

Chan Casuals Limited

Claimant

Boi Trading Company Limited

Claimant

Shokat Mohammed Dalal

Defendant

Khalid Dalal

Defendant

Blackburn Clothing Company Limited

Defendant

Procedural Posture

Chancery Division High Court / Post Trial Consequential Hearing and Final Orders

Legal Issues

  1. 1 Entitlement to final injunction regarding DWT proceedings
  2. 2 Trustee obligations and information disclosure
  3. 3 Assessment and apportionment of costs between claim and counterclaim

Ratio Decidendi

Final injunction granted to clarify trustee obligations and information provision. Costs apportioned: Claimants to pay 30% of First Defendant's costs of defending the claim, with costs judge to allocate common costs 65% to defence of claim. Conduct of Claimants (fabrication and non-disclosure of documents) negates any credit from settlement offers. Counterclaim and claim treated as separate for costs; no order as to costs for counterclaim. Claims and counterclaims dismissed as specified.

Court Disposition

Final injunction granted; claims and counterclaims dismissed as specified; costs apportioned.

Orders

  • Claimants jointly and severally to pay First Defendant 30% of legal costs incurred in obtaining, preserving, and enforcing DWT judgment, assessed on standard basis.
  • Costs judge to apportion common costs 65% to defence of claim.