12 Feb 2014
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 First Instance
- Case number
- HCA1491/2011
On the totality of the evidence it was plain and obvious that both the Funding Agreement and the subsequent Assignment were champertous: there was no credible evidence of a genuine pre‑existing commercial interest, the returns were grossly disproportionate to the funding, the plaintiff withheld material documentary evidence within its power to produce, and the arrangements posed a real risk to the integrity of the court; accordingly the writ and statement of claim were properly struck out without a full trial.