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King's / Queen's Bench Division of the High Court
KB-2025-001160 - [2025] EWHC 2369 (KB)
Fecha: 22-Sep-2025
Heading
Neutral Citation Number: [2025] EWHC 2369 (KB)
Case No: KB-2025-001160
IN THE HIGH COURT OF JUSTICE
KING'S BENCH DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 22/09/2025
Before :
MR JUSTICE LINDEN
Between :
BARINGS INVESTMENT SERVICES LIMITED | ||
Claimant/Respondent | ||
- and – | ||
MR ADAM HUGH WHEELER | ||
Defendant/Applicant | ||
Jane McCafferty KC and Zac Sammour (instructed by Dechert LLP) for the Claimant/Respondent
Daniel Oudkerk KC and Edward Mordaunt (instructed by Pallas Partners LLP) for the Defendant/Applicant
Hearing dates: 9 and 10 September 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 22 September 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
.............................
MR JUSTICE LINDEN
Mr Justice Linden :
- Heading
- Introduction
- The pleaded claim
- BISL’s reaction to the resignations of Mr Wheeler and the EMEA GPF employees
- The US proceedings
- The legal framework
- The “no reasonable grounds” basis for striking out
- The need for a proportionate approach
- The abuse of process ground for striking out
- Waiver by election
- Part 24
- The grounds on which Mr Wheeler seeks summary disposal
- Ground 1: internal inconsistency in the context of the BISL claim
- Discussion
- Ground 2: inconsistency between the US Proceedings and the Claim
- Discussion
- Ground 3: BISL did not incur the loss in any event
- Discussion
- Ground 4 – quantum claim misconceived?
- Discussion
- Ground 5: equitable claims
- Equitable compensation relief
- The claim for an account of profits
- No constructive trust
- No forfeiture of bonuses
- Ground 6: “inchoate ‘claw back’ claim”
- In any event…
- Conclusions