11/30/2015
START DATE
END DATE
11-Jan-16
Kingate Global Fund Limited (In Liquidation) & Kingate Euro Fund Limited (In Liquidation) v. Kingate Management Limited et al.
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION COMMERCIAL LIST
Hellman J
Mr. Alex Potts Sedgwick Chudleigh Ltd
Mr. Thomas Lowe QC Ms. Sarah-Jane Hurrion Ms. Lilla Zuill Harneys Bermuda Limited
FACTS OF THE CASE:
The plaintiffs sought to dismiss applications from the defendants arguing they were either not entertainable should be summarily dismissed or stayed pending appeal. The defendants sought to strike out parts of the plaintiffs' claim arguing they disclosed no reasonable cause of action or were an abuse of process. The case involved complex legal issues regarding the soundness of pleadings the potential for striking out parts of a claim and whether certain claims against directors and companies involved had merit based on various legal theories.
SUMMARY:
Whether the defendants' applications to strike out parts of the plaintiffs' claims were justifiable and if they should proceed to trial.
OUTCOMES:
Dismissal of the applications contained in the defendants' Re-Amended Summons based on the conclusion that they were unlikely to succeed and would not simplify the trial significantly.
RULED IN FAVOUR OF:
Plaintiffs
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Kingate Global Fund Limited (In Liquidation) & Kingate Euro Fund Limited (In Liquidation) v. Kingate Management Limited et al.
The plaintiffs sought to dismiss applications from the defendants arguing they were either not entertainable should be summarily dismissed or stayed pending appeal. The defendants sought to strike out parts of the plaintiffs' claim arguing they disclosed no reasonable cause of action or were an abuse of process. The case involved complex legal issues regarding the soundness of pleadings the potential for striking out parts of a claim and whether certain claims against directors and companies involved had merit based on various legal theories.