Ghura & Ors v Dalal & Ors

Ghura & Ors v Dalal & Ors

A final injunction is warranted to regulate the Defendant's conduct regarding DWT recoveries, with precise obligations and reporting requirements. Costs are to be apportioned, with Claimants jointly and severally liable for 30% of Defendant's costs of defending the claim, and common costs apportioned 65% to defence of claim. Conduct of both parties, including fabricated documents and offers to negotiate, is considered in the costs order. Claim and counterclaim are treated as separate claims for costs purposes.

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
Civil / Post Trial Consequential Hearing and Final Orders
Outcome
Final injunction granted; claims and counterclaims dismissed; costs apportioned.
Legal Topics
Costs, Injunctions, Breach of Trust, Breach of Contract, Fiduciary Duty, Declaratory Relief
Trusts Contract Civil Procedure Costs Injunctions Breach of Trust Breach of Contract Fiduciary Duty +1 more

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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

Civil / Post Trial Consequential Hearing and Final Orders

Legal Issues

  1. 1 Entitlement to final injunction regarding DWT proceedings
  2. 2 Allocation of costs between claim and counterclaim
  3. 3 Trust obligations over DWT recoveries

Ratio Decidendi

A final injunction is warranted to regulate the Defendant's conduct regarding DWT recoveries, with precise obligations and reporting requirements. Costs are to be apportioned, with Claimants jointly and severally liable for 30% of Defendant's costs of defending the claim, and common costs apportioned 65% to defence of claim. Conduct of both parties, including fabricated documents and offers to negotiate, is considered in the costs order. Claim and counterclaim are treated as separate claims for costs purposes.

Court Disposition

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

Orders

  • Claimants jointly and severally liable to pay First Defendant 30% of all legal costs incurred and paid in relation to DWT judgment enforcement, subject to detailed provisions.
  • Claims for £900,000 plus interest, 16,831,372 AED, £400,000 plus interest, damages for breach of trust and misrepresentation dismissed.