Entitlement to sue
Entitlement to sue
In addition, I accept that the entitlement to claim would be KRIC’s, as the contracting party, not Mr Al Haroun’s. It would appear that KRIC is owned by a sister company of Ettizan. The draft Particulars of Claim do not purport to assert any derivative or creditor claim on behalf of KRIC nor address how this might be done, and what the status of KRIC or its parent is. All that is said is that “the Claimant intends to apply to join KRIC”, something which has not been done. This provides a further reason why this claim stands no realistic prospect of success.
- Heading
- Section 1
- The background
- The proceedings
- The test for granting permission to amend and summary judgment
- The conspiracy and dishonest assistance claims
- Limitation
- Entitlement to sue
- The other issues raised
- The claim for procuring breach of contract
- Limitation
- Entitlement to sue
- Is it arguable that there has been a breach of contract?
- The remaining issues raised
- The jurisdiction application
- Conclusions
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