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England and Wales High Court (Commercial Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Commercial Court) Decisions >> Denisov v Delvecchio & Ors [2022] EWHC 377 (Comm) (08 February 2022) URL: http://www.bailii.org/ew/cases/EWHC/Comm/2022/377.html Cite as: [2022] EWHC 377 (Comm) |
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QUEEN'S BENCH DIVISION
COMMERCIAL COURT
Fetter Lane London, EC4A 1NL |
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B e f o r e :
(Sitting as a Judge of the High Court)
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DENISOV |
Claimant |
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- and - |
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DELVECCHIO & Ors. |
Defendants |
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Official Court Reporters and Audio Transcribers
5 New Street Square, London, EC4A 3BF
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This transcript has been approved by the Judge.
THE DEFENDANTS were not present and were not represented.
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Crown Copyright ©
JUDGE PELLING:
"… will act as intermediary for the purchase and sale of real estate and other luxury goods, such as cars, on behalf of its clients. The company will receive commission fees from its clients for the services it provides in locating either purchase or the sale of the goods. The commission fee will be payable under an agreement and the issuing of an invoice by [GPG] to its client …"
"… claim made against the defendant as constructive trustee, or as trustee of a resulting trust, where the claim arises out of acts committed or events occurring within the jurisdiction or relates to assets within the jurisdiction."
"As to the defendants' assistance in the fraud and subsequent breaches of trust, the best particulars that the claimant is presently able to give are as follows:
(a) The second defendant directed or by his instructions permitted or otherwise caused GPG to make payments to the BSI account and to pay bank charges and Intrust Limited out of the monies in GPG's account with Barclays UK PLC. These monies were held on constructive trust by GPG for the claimant.
(b) The second defendant accordingly assisted GPG's breach of trust. Without prejudice to the burden of proof, it is denied, if alleged, that the second defendant's actions were limited to carrying out his constitutional role in respect of GPG on a bona fide basis."