England and Wales Case Law

Tarnjit Singh Gill & Anor v Jagjit Kaur & Anor

The proprietary injunction is continued because the Claimants have demonstrated a serious issue to be tried regarding misappropriation of WPHL, damages would not be an adequate remedy, the balance of convenience favours the Claimants, and it is expedient to grant relief given the ongoing Delaware proceedings and absence of jurisdictional conflict.

Source excerpt

• Proprietary injunction
• Section 25 civil jurisdiction and judgments act 1982
• Derivative proceedings
• Fiduciary duties
• Asset misappropriation

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Bourlakova & Ors v Bourlakov & Ors

Bourlakova & Ors v Bourlakov & Ors [2024] EWHC 3524 (Ch) (05 December 2024)

The High Court granted a modified CPR Part 18 request for information about alleged transfers from Edelweiss, finding the material necessary and proportionate for the claim and injunction issues.

• Requests for further information
• Disclosure
• Asset misappropriation
• Declaratory relief
• Injunctions
• Requests-for-further-information

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LOUDMILA BOURLAKOVA & Ors v OLEG BOURLAKOV & Ors

The High Court refused jurisdiction challenges, service-out challenges, a forum non conveniens stay, and an arbitration stay in a complex family asset dispute.

• Jurisdiction challenge
• Forum non conveniens
• Service out of jurisdiction
• Extension of claim form
• Arbitration stay
• Recognition and enforcement of foreign judgments

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Sabbagh v Khoury & Ors

Sabbagh v Khoury & Ors [2018] EWHC 1330 (Comm) (31 May 2018)

The High Court granted an interim anti-arbitration injunction restraining pursuit of a Lebanese arbitration, holding Sana Sabbagh was not bound by Article 45.

• Anti-arbitration injunction
• Issue estoppel
• Jurisdiction
• Articles of association
• Conspiracy
• Asset misappropriation

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Sabbagh v Khoury & Ors

Sabbagh v Khoury & Ors [2014] EWHC 3233 (Comm) (10 October 2014)

Commercial Court ruling on jurisdiction and arbitration in a family company dispute over alleged share deprivation and asset misappropriation.

• Jurisdictional challenge
• Forum non conveniens
• Arbitration stay
• Shareholder disputes
• Conspiracy
• Asset misappropriation

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JSC BTA Bank v Ablyazov

JSC BTA Bank v Ablyazov [2013] EWHC 3691 (Ch) (26 November 2013)

The High Court granted summary judgment for JSC BTA Bank against Mukhtar Ablyazov over alleged misappropriation of AAA-rated securities worth about US$300 million.

• Summary judgment
• Issue estoppel
• Beneficial ownership
• Asset misappropriation
• Kazakh law
• Contempt of court

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Communications Technology Investments Ltd v Gandhi & Ors

Communications Technology Investments Ltd v Gandhi & Ors [2004] EWHC 24 (Ch) (14 January 2004)

The court refused relief from sanctions for the first and second defendants after finding continuing disclosure failures, but granted relief to the third defendant.

• Relief from sanctions
• Disclosure obligations
• Freezing orders
• Expedited trial
• Asset misappropriation
• Relief-from-sanctions

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Communications Technology Investments Ltd v Gandhi & Ors

The High Court refused relief from sanctions for the first and second defendants over serious disclosure failures, but granted it to the third defendant.

• Disclosure of documents
• Relief from sanctions
• Freezing orders
• Expedited trial
• Asset misappropriation
• Relief-from-sanctions

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