![LM-2023-000035 - [2025] EWHC 1989 (Comm)](https://backend.juristeca.com/files/emisores/logo_WAai98v.png){kind=logo}
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Neutral Citation Number:[2025] EWHC 1989 (Comm)
Case No: LM-2023-000035
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
LONDON CIRCUIT COMMERCIAL COURT (KBD)
Royal Courts of Justice
Rolls Building
London
Date: 28/07/2025
Before :
HIS HONOUR JUDGE BIRD SITTING AS A JUDGE OF THIS COURT
Between :
XTELLUS CAPITAL PARTNERS INC | Claimant |
- and - | |
DL INVEST GROUP PM S.A. | Defendant |
Mr Alexander Brown KC (instructed by Howard Kennedy LLP) for the Claimant
Mr Aidan Reay (instructed by Hill Dickinson LLP) for the Defendant
Hearing dates: 18 – 28 March 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 28 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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HIS HONOUR JUDGE BIRD SITTING AS A JUDGE OF THIS COURT
- Heading
- His Honour Judge Bird
- The Issues
- The Hearing
- The Law
- Chronology Part I: up to and including the execution of the Mandate General context
- The Mandate
- Findings on the first issue
- The second issue: apparent authority
- Did the Defendant represent that Dominik Leszczyński had authority to act as its agent?
- Was it reasonable for Xtellus to rely on the representations made by the Defendant?
- Conclusion on issue 2
- Chronology Part II: Immediately post signature
- Chronology Part III: August onwards
- Chronology Part IV: The apparent watershed and fresh start
- Chronology Part V: Termination of the Mandate and subsequent events
- Issue 2: ratification as an alternative
- N. Issue 3: The correct interpretation of the Mandate
- O. Issue 4
- P . Witnesses and their statements
- Conclusions