CL-2023-000054 - [2025] EWHC 1609 (Comm)

Fecha: 25-Jun-2025

This Judgment was handed down by the Judge remotely by circulation to the parties’ representatives by email and release to the National Archives. The date and time for hand-down is deemed to be 10:30

This Judgment was handed down by the Judge remotely by circulation to the parties’ representatives by email and release to the National Archives. The date and time for hand-down is deemed to be 10:30 am on Wednesday 25 June 2025

STEPHEN HOFMEYR KC

Introduction

In these proceedings the claimants (“Trafigura”) claim to have been the victim of a fraud in which the defendants dishonestly misrepresented that they were selling high-quality nickel with the intention of inducing Trafigura to enter into a series of trades when, in fact, they intended to and did supply much less valuable metals. The PT Defendants deny any liability on the ground, inter alia, that the arrangement (“the Arrangement”) was devised and proposed by Trafigura.

The proceedings were commenced in February 2023. Trafigura sought and obtained a World-wide freezing order against the Defendants on 8 February 2023, and an application to discharge the order was dismissed. Particulars of Claim were served in May 2023. The First to Fifth Defendants (“the PT Defendants”), the Sixth Defendant, the Seventh Defendant and the Eighth Defendant each served a Defence in July 2023. Trafigura served Replies in October 2023.

The Case Management Conference took place in March 2024 at which various orders were made in relation to disclosure, including a deadline of 30 September 2024 (subsequently extended on four occasions to 31 October 2024, to 28 February 2025, to 21 March 2025 and 16 April 2025) for the parties to give Extended Disclosure/search-based Extended Disclosure. A conditional stay was also imposed for the months of October and November 2024 (subsequently amended to the month of November 2024) during which the parties were to consider negotiated dispute resolution. Orders were also made (and subsequently revised) for the exchange of signed witness statements of fact, supplemental signed witness statements of fact and completed progress monitoring information sheets. So far as I can tell from the CMC bundle, the deadlines for these exchanges are currently 25 June 2025, 23 July 2025 and 20 August 2025, respectively. The Progress Monitoring Date has been extended to 22 August 2025.

A trial date of 10 November 2025 was fixed at a listing appointment on 3 April 2024. The trial is fixed for 6 weeks (including one week of pre-reading). The trial is due to commence in less than 5 months.