RGI International Ltd & Anor v Synergy Classic Ltd & Ors
The counterclaim against Mr. Fenwick was struck out because it lacked effective particulars, disclosed no reasonable grounds, was an abuse of process, and had no real prospect of success.
- Parties
- Claimant: R. G. I. International Limited; Claimant: D. E. S. Commercial Holdings Limited; Defendant: Synergy Classic Limited; Third Party: Boris Kuzinez; Fourth Party: Jacob Kriesler; Fifth Party: Timothy Fenwick
- Jurisdiction
- England and Wales
- Judgment Date
- 02 December 2011
- Procedural Posture
- Commercial / Application to Strike Out Counterclaim
- Outcome
- Counterclaim against Mr. Fenwick struck out or summarily dismissed.
- Legal Topics
- Director Liability, Inducement of Breach of Contract, Conspiracy, Fiduciary Duties, Summary Dismissal
Case Brief
Summary, issues, holding and outcome
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Parties
R. G. I. International Limited
Claimant
D. E. S. Commercial Holdings Limited
Claimant
Synergy Classic Limited
Defendant
Boris Kuzinez
Third Party
Jacob Kriesler
Fourth Party
Timothy Fenwick
Fifth Party
Procedural Posture
Commercial / Application to Strike Out Counterclaim
Legal Issues
- 1 Whether the counterclaim against Mr. Fenwick discloses reasonable grounds for bringing the claim
- 2 Whether the counterclaim is an abuse of process
- 3 Whether the counterclaim has real prospect of success
Ratio Decidendi
The counterclaim against Mr. Fenwick was struck out because it lacked effective particulars, disclosed no reasonable grounds, was an abuse of process, and had no real prospect of success.
Court Disposition
Counterclaim against Mr. Fenwick struck out or summarily dismissed.
Orders
- Counterclaim against Mr. Fenwick is struck out.
- No reasonable grounds for bringing the claim.
Full Case Text
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