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Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our Head of Business Development for Asia Pacific, Katie-Beth Jones, and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our practice management team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200

Singapore

28 Maxwell Road
#02-03 Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

For our Singapore office, for client enquiries please contact our Head of Business Development for Asia Pacific, Katie-Beth Jones, and for all other queries please contact Lynn Quek. Out of office hours calls will automatically be diverted to our practice management team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200

Singapore

28 Maxwell Road
#02-03 Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

22/06/2023

Obtaining permission to continue derivative action in a €100 million Cyprus-Poland fraud claim

Philip Riches KC, Andrew Dinsmore and Richard Greenberg (instructed by Peachey & Co) obtained ‘second stage’ Part 19 permission from the Chancery Division to continue a derivative action in a €100 million fraud claim following a two-day hearing in Durnont Enterprises Limited v Fazita Investment Ltd [2023] EWHC 1294 (Ch).

The claimant brings the action on behalf of a Cypriot company in relation to a fraudulent scheme, which expropriated €100 million of investment certificates in a fund that invested in Polish real estate.

The judgment will be of interest to practitioners in complex international fraud claims, especially with a company law angle, in that it considers:

  • the applicable law to the issue of whether a person can bring a derivative claim in England in respect of a foreign company,
  • how to approach factual and foreign law expert evidence in a derivative action, and
  • the relevance of the need to serve out of the jurisdiction and the applicable test for that at the permission to continue stage.