22 May 2015
BEIJING TONG GANG DA SHENG TRADE CO LTD v. ALLEN & OVERY (a firm) AND ANOTHER
- Citation
- BEIJING TONG GANG DA SHENG TRADE CO LTD v. ALLEN & OVERY (a firm) AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV34/2014
The Funding Agreement and the Deed of Assignment were champertous and void for public policy on the facts (vague/contrived commercial relationship, self‑induced evidentiary gaps and disproportionate prospective return), but the Court of Appeal held that GBRE could be reinstated as plaintiff under Order 20 r5(1) because the assigned claims were the same cause of action commenced within time, so limitation did not bar reinstatement; therefore the strike out/dismissal orders were set aside and GBRE granted leave to be substituted as plaintiff.