CL-2020-000117 - [2025] EWHC 1620 (Comm)

Fecha: 13-Jun-2025

Issues For Determination

Issues For Determination

16.

The issues that I have to resolve are:

16.1

In relation to the Optimus Phase, the applicable rate of interest for the purposes of pre-judgment interest against Mr Serwin;

16.2

In relation to the Falcon Phase:

16.2.1

Is the lex causae Swedish law or Maltese law?

16.2.2

If the lex causae is Swedish law:

(a)

Is Mr Ingmanson liable and to what extent?

(b)

Is Mr Ökten liable and to what extent?

(c)

What is the applicable rate of interest?

16.2.3

If the lex causae is Maltese law:

(a)

Is Mr Ingmanson liable and to what extent?

(b)

Is Mr Ökten liable and to what extent?

(c)

Are the companies liable and to what extent?

(d)

What is the applicable rate of interest?

(e)

Is the claimant entitled to a proprietary remedy?

16.2.4

Does any reflective loss issue arise? What is the applicable law in respect of this issue and what does that system of law say about reflective loss?

16.3

At an early stage during the hearing on 13 June 2025 I indicated that I needed no further argument on the interest issue that arises in relation to the Optimus Phase and that I needed no further argument concerning the applicability of Maltese law to the Falcon Phase or the relevance of the reflective loss principle. I set out my conclusions on each of these issues below together with my reasons for arriving at those conclusions.