DMH Stallard welcomes High Court ruling

03 Nov 2021

DMH Stallard has welcomed the High Court ruling (27/10/21) that a claim against our client, the First Defendant,  should be dismissed.

The claim in European Real Estate Debt Fund v Treon & Ors [2021] EWHC 2866 (Ch) was a £15m damages claim for deceit.  DMH Stallard’s senior litigation partner, Tim Ashdown, led the First Defendant’s legal team, instructing Bridget Lucas QC from Fountain Court Chambers and Daniel Kessler from 4 Stone Buildings.  Expert evidence was provided by Chris Osborne of FRP Advisory.

The First Defendant’s team argued that the Claimant could, with reasonable diligence, have discovered the matters complained of earlier than they did.  As such they should have commenced the claim within the usual statutory time-limits.  The Judge, Mr Justice Miles, agreed, ruling  that the claim was ‘statute-barred and must therefore be dismissed’. 

The judgment provides authority for the proposition that the Court must consider events which happened before the cause of action arose when deciding whether to postpone the commencement of the limitation period.

Tim Ashdown, senior litigation partner at DMH Stallard, said:

“This decision has been a long-time coming.  The claim was notified in 2014 and proceedings issued in 2018.  It was concluded following a 15-day trial in June of this year.  The proceedings were hard-fought, but we achieved the result we needed for the client.  The counsel and expert team were first-class, as were the DMH team that supported me”.  

Further reading

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The recent Judgment in the arbitration claim Mordchai Ganz v (1) Petronz FZE (2) Abraham Goren [2024] EWHC 635 has already received attention from legal pundits.  The DMH Stallard’s legal team (Tim Ashdown, Beatrice Bass and Patrick Murray) acted for the Claimant. DMH Stallard was supported by the legal team of Altshuler Law in Israel which is a collaboration enabled through their membership of LEInternational.
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As discussed in our recent update, the government announced in the Budget that the eligibility criteria for the exemptions, which allow shares and other financial instruments to be marketed to High Net Worth Individuals and Self-certified Sophisticated Investors without the regulatory protections
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