England and Wales Case Law

Infinity Treasures Pte Ltd v Global Currency Exchange Network Limited

Infinity Treasures has no legal claim to the fund as it failed to show authority for Global Currency to pay its commission from investor funds, and the fund was held on trust for investors. Only eligible investors who complied with the court’s evidentiary requirements and whose investments fell within the relevant period are entitled to a pro rata share of the fund. Global Currency is not entitled to its costs from the fund as it failed to establish a proper basis for payments made and contributed to the need for interpleader.

Source excerpt

• Interpleader
• Stakeholder applications
• Trust funds
• Costs orders
• Evidentiary requirements

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Infinity Treasures PTE Ltd v Global Currency Exchange Network Ltd

Infinity Treasures PTE Ltd v Global Currency Exchange Network Ltd [2023] EWHC 2945 (Comm) (23 November 2023)

The court dismissed Infinity Treasures’ claim to a stakeholder fund, held eligible investors were entitled to pro rata shares, and refused costs from the fund.

• Stakeholder/interpleader proceedings
• Entitlement to trust funds
• Commission claims
• Costs orders
• Investor protection
• Stakeholder-proceedings

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Chief Constable of Essex Police v Adeniji (Rev1)

Chief Constable of Essex Police v Adeniji (Rev1) [2022] EWHC 1725 (QB) (05 July 2022)

High Court appeal in an interpleader dispute over a Porsche. The court upheld findings that the respondent retained ownership and the appellant failed to prove bona fide purchase.

• Ownership of motor vehicles
• Interpleader proceedings
• Transfer of title
• Bona fide purchaser
• Findings of fact on appeal
• Interpleader

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Skatteforvaltningen (The Danish Customs And Tax Administration) v Shah & Ors

Skatteforvaltningen (The Danish Customs And Tax Administration) v Shah & Ors [2020] EWHC 1658 (Comm) (24 June 2020)

The High Court held there were competing claims to disputed loan proceeds under CPR 86.1 and refused immediate release, keeping the funds in court.

• Interpleader
• Proprietary claims
• Freezing injunctions
• Constructive trust
• Equitable charge
• Legal costs

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Daelim Corporation v Bonita Company Ltd & Ors

Daelim Corporation v Bonita Company Ltd & Ors [2020] EWHC 697 (Comm) (25 March 2020)

The Commercial Court discharged an anti-arbitration injunction restraining Bonita from pursuing EMIC in Hong Kong arbitration, holding it was not necessary under Arbitration Act 1996 s.44(3).

• Anti-arbitration injunctions
• Asset preservation
• Jurisdiction under arbitration act 1996 s.44(3)
• Interpleader
• Assignment of contractual rights
• Arbitration

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Global Currency Exchange Network Ltd v Osage 1 Ltd

The High Court held there were legally viable potential investor claims to funds held by GCEN and ordered notification to 11 identified investors under CPR Part 86.

• Interpleader
• Constructive trust
• Quistclose trust
• Fraudulent misrepresentation
• Money laundering
• Proceeds of crime

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Global Currency Exchange Network Ltd v Osage 1 Ltd

Global Currency Exchange Network Ltd v Osage 1 Ltd [2019] EWHC 1375 (Comm) (04 June 2019)

The High Court held that GCEN had a real basis to expect competing investor claims to funds held for Osage, and ordered notification to identified investors.

• Interpleader proceedings
• Constructive trust
• Quistclose trust
• Fraudulent misrepresentation
• Money laundering
• Proceeds of crime act

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Jeddi v Sotheby's & Ors

The High Court held that Mr Pishvaie had no 25% ownership of a rock crystal jar. The Dubai Agreement created an agency, and Mr Jeddi had the immediate right to possession.

• Ownership of chattels
• Agency relationship
• Bailment
• Revocation of authority
• Possessory title
• Forgery of documents

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Jeddi v Sotheby's & Ors

Jeddi v Sotheby's & Ors [2018] EWHC 1491 (Comm) (15 June 2018)

The High Court resolved an ownership dispute over a rock crystal jar, rejecting Mr Pishvaie’s co-ownership case and finding Mr Jeddi had the immediate right to possession.

• Interpleader proceedings
• Ownership of chattels
• Agency
• Provenance of antiquities
• Forgery of documents
• Interpleader

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High Commissioner for Pakistan v Prince Mukkaram Jah & Ors

High Commissioner for Pakistan v Prince Mukkaram Jah & Ors [2018] EWHC 819 (Ch) (12 March 2018)

Interlocutory Chancery ruling on representation of an estate and amendment of pleadings in a multi-party fund dispute, with directions on timing and disclosure.

• Interpleader proceedings
• Representation of unrepresented parties
• Amendment of pleadings
• Sovereign immunity
• Beneficial entitlement to funds
• Civil-procedure

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