England and Wales Case Law

Babco Chemicals Inc v HSBC UK Bank Plc

The court finds it contrary to the interests of justice to prevent the Claimant from pursuing claims against the Defendant using material disclosed under the previous order, and is minded to discharge the current undertaking, subject to the Claimant providing a more limited undertaking restricting use of the material to specified proceedings.

Source excerpt

• Norwich pharmacal orders
• Bankers book evidence act 1879
• Undertakings
• Tracing claims
• Stakeholder proceedings

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Vesnin v Queeld Ventures Ltd & Ors

Vesnin v Queeld Ventures Ltd & Ors [2025] EWCA Civ 951 (22 July 2025)

Court of Appeal considered issue estoppel, Tomlin order construction, and standing to oppose recognition of a Russian bankruptcy. It allowed the standing appeal but otherwise rejected the challenges.

• Issue estoppel
• Tomlin order construction
• Standing to oppose recognition of foreign bankruptcy
• Recognition of foreign insolvency
• Stakeholder proceedings
• Procedural fairness

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Babco Chemicals Inc v HSBC UK Bank PLC

Babco Chemicals Inc v HSBC UK Bank PLC [2025] EWHC 1749 (Comm) (09 July 2025)

The High Court discharged a claimant’s undertaking restricting use of disclosure obtained from HSBC, subject to a narrower replacement undertaking and no costs order.

• Norwich pharmacal orders
• Bankers book evidence act 1879
• Disclosure of documents
• Undertakings to the court
• Push payment fraud
• Stakeholder proceedings

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HDR Global Trading Ltd v Shulev & Anor

HDR Global Trading Ltd v Shulev & Anor [2022] EWHC 1685 (Comm) (01 July 2022)

The High Court held that a settlement agreement in a cryptoasset dispute was binding, clause 3 was enforceable, and Mr Shulev had not yet earned the first instalment.

• Settlement agreements
• Duress and misrepresentation
• Enforceability of contracts
• Cryptocurrency disputes
• Stakeholder proceedings
• Settlement-agreements

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Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor

The High Court held that Mr Kitover and Mr Haller were the same person and ordered release of 3.961kg of gold bullion to Mr Kitover.

• Stakeholder proceedings
• Illegality doctrine
• Identity verification
• Ownership of property
• Stakeholder-proceedings
• Illegality-doctrine

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Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor

Kitover v Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

The High Court held that Earl Richmond Kitover and Paul Haller were the same person and ordered Bullionvault to release 3.961kg of gold bullion to Kitover.

• Illegality doctrine
• Identity verification
• Stakeholder proceedings
• Bailment
• Money laundering
• Forgery

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Stephenson Harwood LLP v Medien Patentverwaltung AG

Stephenson Harwood LLP v Medien Patentverwaltung AG [2020] EWCA Civ 1743 (17 December 2020)

The Court of Appeal held that MPV’s failure to challenge jurisdiction under CPR Part 11 meant it accepted jurisdiction in a stakeholder claim under CPR Part 86.

• Stakeholder proceedings
• Jurisdiction challenge
• Cpr part 86
• Cpr part 11
• Proprietary claims
• Constructive trust

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ST Shipping And Transport Pte Ltd & Ors v Space Shipping Ltd & Anor (Rev 1)

ST Shipping And Transport Pte Ltd & Ors v Space Shipping Ltd & Anor (Rev 1) [2018] EWHC 156 (Comm) (06 February 2018)

The Commercial Court held that a stakeholder claim under CPR Part 86 was properly brought, then ordered payment of the stakeholder sums to the disponent owners, subject to third party debt orders.

• Stakeholder proceedings
• Competing claims to debt
• Enforcement of arbitration awards
• Third party debt orders
• International comity
• Stakeholder-proceedings

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Tuscola (110) Ltd & Anorv The Y2K Company Ltd

The High Court held Tuscola was not entitled to the DS1s held by Olswang. It construed the 3 September 2015 email as releasing undertakings only, not the DS1s.

• Interpretation of contractual correspondence
• Enforceability of settlement agreements
• Section 2(1) law of property (miscellaneous provisions) act 1989
• Waiver and estoppel
• Release of security (ds1s)
• Stakeholder proceedings

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