Heading

Rolls Building
Fetter Lane
London
EC4A 1NL
Before:
MRS JUSTICE COCKERILL DBE
Between:
ERAAYA LIFESPACES LIMITED
Claimant/Applicant/Cross-Applicant
- and -
(1) ELARA CAPITAL PLC
Defendant/First Respondent/Cross-Respondent
(2) MULTITUDE GROWTH FUNDS LIMITED
(a company incorporated under the laws of Mauritius)
(3) BULL VALUE INCORPORATED VCC SUB-FUND
(a company incorporated under the laws of Mauritius)
(4) SELVI CAPITAL PLC
(a company incorporated under the laws of the Cayman Islands)
Proposed Defendants/Second to Fourth Respondents/Cross-Applicants
Harish Salve KC, Peter Head, Marlena Valles and Viksit Arora (instructed by Gresham Legal) for the Claimant
Matthew Parker KC (instructed by CND Parker)for the First Respondent
Robert Anderson KC, Carmine Conte and Tom Watret (instructed by Hogan Lovells)for the Second to Fourth Respondents
Hearing date: 30 April, 1 May 2025
APPROVED JUDGMENT
This judgment was handed down remotely by the judge and circulated to the parties’ representatives by email. The date and time for hand-down is deemed to be Wednesday 18 June 2025 at 10:00am
Mrs Justice Cockerill:
- Heading
- Introduction
- The Facts
- Engagement of Elara
- The Bridging Loans
- The First Settlement Agency Agreement
- The Offering Circular
- The First Bond Issue
- The Second Bond Issue
- The Dispute Emerges
- The Claim and the Listing of this Hearing
- Injunction Application
- The Parties’ Submissions
- The Merits of Eraaya’s claim: analysis
- The Proprietary Issues
- The Issues
- Express Trust
- Quistclose
- Bare Trust
- Balance of convenience
- Damages not an adequate remedy: Eraaya’s case
- Other Discretionary factors and conclusion
- Joinder Application: Legal Principles
- The issues between the parties
- Analysis
- Collateral Use Application
- The parties’ submissions
- Analysis
- Post script: Collateral Use and Joinder (Abuse of Process)
- Conclusions
![CL-2025-000062 - [2025] EWHC 1506 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png)