![CL-2025-000062 - [2025] EWHC 1506 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
The issues between the parties
The issues between the parties
The issues between the parties distilled down into the following points:
There are two essentially procedural disputes:
Is it permissible to add a party as a defendant without the claimant’s consent? Eraaya says not.
Is it necessary for the application to join to be supported by a draft pleading? Here Eraaya says it is.
In addition, there are issues as to whether the requisite hurdles are met. These are in essence:
Merits: Eraaya disputes whether the proprietary claim by the Bondholders is properly arguable.
Desirability: Then there is the issue of whether any such interest overlaps sufficiently with the issues in this action such that it would be desirable to determine the claims together and whether there are valid case management reasons for (or against) joinder.
- 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