QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Strand, London, WC2A 2LL |
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B e f o r e :
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Stratford Coin & Bullion Inc |
Claimant |
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(1) Youssry Henien (2) Harry Henien (3) Leman Wealth Management SA (4) London Zurich International Ltd |
Defendants |
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Michael Fealy (instructed by Pinsent Masons LLP) for the Defendants
Hearing date: 15 September 2011
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Crown Copyright ©
Mr Justice Beatson:
I. Introduction
II. The factual background and the claims
(a) The claimant's primary case against the first and second defendants
(b) The claimant's alternative case against the first and second defendants
III The applications for summary judgment against the third and fourth defendants
IV A conditional order pursuant to CPR 24.6(b)
(a) A defendant must frankly disclose not just his own assets, but his ability to raise funds from friends, relatives, and business associates: see Yorke Motors v Edwards [1982] 1 WLR 444, 449 per Lord Diplock.
(b) The burden is upon a defendant to show he cannot make the proposed payment by evidence that it can place clearly before the court: Agrichem v Hammond-Suddarts [2002] EWCA Civ 335 at [9].