![BL-2025-000377 - [2025] EWHC 2976 (Ch)](https://backend.juristeca.com/files/emisores/logo_O3rEzCI.png){kind=logo}
Heading
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Before:
THE HONOURABLE MR JUSTICE CAWSON
Between:
ZVI DEKEL | Claimant |
- and - | |
(1) RE CAPITAL ADMINISTRATORS LTD (FORMERLY KAYDAN ACCOUNTING LTD AND GMG REAL ESTATE LIMITED) (2) RE CAPITAL (SWITZERLAND) SA | Defendants |
Mr Julian Greenhill KC and James Goodwin (instructed by Katten Muchin Rosenman UK LLP) for the Defendants/Applicants
Mr Jonathan Seitler KC and Ben Woolgar (instructed Quinn Emanuel Urquhart & Sullivan UK LLP) for the Claimants/Respondents
Hearing date: 31 October 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 13 November 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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The Hon. Mr Justice Cawson:
Contents
Principles to be applied in respect of summary judgment and strike out 35
Introduction 41
- Heading
- Mr Dekel’s reliance on clause 20.1.2 of the Management Agreement 82
- Whether RE Capital was ever bound by the Management Agreement 97
- Background
- The present claim
- The Application
- Principles to be applied in respect of summary judgment and strike out
- The reflective loss issue
- The basis of the rule against reflective loss
- The Defendants’ case
- Mr Dekel’s case
- Determination of the issue
- Mr Dekel’s reliance on clause 20.1.2 of the Management Agreement
- Principles to be applied in respect of the contractual interpretation
- Mr Dekel’s case
- The Defendants’ position
- Determination
- Whether RE Capital was ever bound by the Management Agreement
- Conclusions