Wednesday 15 May 2024 - open Court - Rolls Building Fetter Lane. Hearing on Preliminary issue - does claim vest in Trustee (David Buchler's sole partner). [Update 16 May - decided]

Bundle befiore the Court (excluding "correspondence")

https://app.box.com/s/cq3asb3tpgzaohdtkfavyb8mnpavxbvf

Additional documents not in bundle:

Hardy 2nd Witness Statement

https://app.box.com/s/9g5m5zqle46fspmfeandpuv90kqfzlei

Buchler Statement of 14 May 

https://app.box.com/s/f70hv6x9x6s731o0pdc5uif3xgc7loo0

Hardy 3rd Witness Statement of 14 May

https://app.box.com/s/r1tfvr6w0zefcrbphei5kzv35ncfcyw1

Documents handed to Judge with request to consider recusal and transfer to Chancery Judge (excluding email of 14 May from JCIO confirming reasons for delay and continuing investigation)

https://app.box.com/s/39m9px1gdn5ctsz74f6qyw0kbit3vq1q

Defendants Skeleton Argument

https://app.box.com/s/yxuuarlbtzo2un5lj8n5rh405qdo98xl

Decision:

1.  Recusal - denied

2. Buchler to be examined and documents to be produced - denied

3. Strike out on grounds that Claims are vested in Trustee - granted

BUT decision that any claims asserted by Petrosurance and Candon do not vest in Trustee

AND Hardy may apply to represent Petrosurance in his capacity as Director should it assert claims in the UK.

4. Leave to appeal refused.

Order to be drafted by Counsel for Defendants.


Immediate consequence:

Buchler's sole partner now obliged to resign as Trustee for conflict of interest as she had written confirming she would await the Court's decision as to whether claims have vested.

.



 




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