Golden Sphinx Limited v Itkin (Royal Court : Hearing (Civil) : Cadin : Unless Order) [2025] JRC 244 (2 October 2025)

Golden Sphinx Limited v Itkin (Royal Court : Hearing (Civil) : Cadin : Unless Order) [2025] JRC 244 (2 October 2025)

The Defendant's failures to comply with unless orders regarding payment of costs and provision of information are serious, deliberate, and unexplained. However, striking out the Amended Answer would be disproportionate at this stage given the scale and complexity of the proceedings. The Court imposes targeted sanctions, including debarring certain arguments, requiring amendments, and extending time for compliance, while adjourning the Plaintiff's application for judgment.

Citation
[2025] JRC 244
Parties
Plaintiff: Golden Sphinx Limited; Defendant: Mr Itkin
Jurisdiction
Jersey
Judgment Date
02 October 2025
Procedural Posture
Civil / Post Unless Order, Applications for Judgment and Relief From Sanction
Outcome
Application for immediate judgment refused; relief from sanction refused; targeted sanctions and further directions imposed.
Legal Topics
Unless Orders, Relief From Sanctions, Requests for Further Information, Costs Orders, Strike Out Applications, Case Management
Civil Procedure Company Law Trusts and Equity Unless Orders Relief From Sanctions Requests for Further Information Costs Orders Strike Out Applications +1 more

Case Brief

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Parties

Golden Sphinx Limited

Plaintiff

Mr Itkin

Defendant

Procedural Posture

Civil / Post Unless Order, Applications for Judgment and Relief From Sanction

Legal Issues

  1. 1 Whether the Defendant's failure to comply with unless orders warrants judgment against him or relief from sanction
  2. 2 Whether the Defendant has provided adequate evidence of impecuniosity to justify non-payment of costs
  3. 3 Whether the Defendant's responses to Requests for Further Information are sufficient to allow a fair trial

Ratio Decidendi

The Defendant's failures to comply with unless orders regarding payment of costs and provision of information are serious, deliberate, and unexplained. However, striking out the Amended Answer would be disproportionate at this stage given the scale and complexity of the proceedings. The Court imposes targeted sanctions, including debarring certain arguments, requiring amendments, and extending time for compliance, while adjourning the Plaintiff's application for judgment.

Court Disposition

Application for immediate judgment refused; relief from sanction refused; targeted sanctions and further directions imposed.

Orders

  • Mr Itkin to file a Re-Amended Answer within 7 days reflecting specified amendments.
  • Time for compliance with the unless order for payment on account of costs extended to 12 noon, 31 October 2025.