Continue reading "Litigation: Discovery channel"
This was an application by the claimant for an order for disclosure against a non-party under CPR r.31.17. The underlying action concerned a claim by the assignee of rights from the twin minor children of the first defendant (‘the twins’) concerning a compromise of earlier proceedings (‘the compromise’). The claimant alleged that neither the twins nor their mother was consulted about the compromise, and the compromise did not properly take account of the twins’ interests.
In the late 1990s the first defendant established an employee benefit ...
The substantive action concerned a written agreement between North Shore Ventures Limited (North Shore) and Anstead Holdings Inc (Anstead) made in March 2003 (the agreement). In 2008 Anstead’s assets were transferred into trusts of which Mr Fomichev and Mr Peganov (the appellants) and their family members were discretionary beneficiaries (the trusts). On 20 August 2008 North Shore issued a claim against Anstead and the appellants for monies owing under the agreement. On 21 June 2010, Newey J gave judgment against the appellants for sums in excess of $50m. On 9 March 2011, the Court...