MWP achieves Landmark Victory in the English Court of Appeal against Mr Emmott
MWP is delighted to announce that on 14 October 2015, Black LJ, Gloster LJ and Lewison LJ in the English Court of Appeal unanimously found and gave judgment in its favour against John Forster Emmott, entirely cancelling and reversing the most unfortunate prior decisions, judgments and orders of Andrew Smith J in the Commercial Court of 17 July 2015 and of 10 August 2015.
The Court of Appeal entirely accepted MWP’s and Mr Wilson’s appeals, and found that not only are the underlying agreements and obligations between MWP, and each of Kazholdings Inc (MWP’s secured lender) and Kazholdings LLP (MWP’s landlord) valid, binding and enforceable in all respects, but further that the transactions Mr Emmott sought to attack were at all times proper, and in the ordinary course of MWP’s business.
In short, Mr Emmott (funded by T. Sinclair) and his legal team lost and entirely, with significant costs being awarded against him, personally and requiring him to reimburse costs previously paid by MWP to him. Quite clearly Mr Emmott’s application dating back to 10 June 2015 was misconceived from the start, and should never have been made.
Commenting on the news, Mr Wilson the Managing Director of MWP commented:
“MWP and I are delighted with this wonderful news and that we have been totally vindicated and, once again proved who is right and who is wrong.
This victory is very significant, and follows on from an equally important victory for MWP against Mr Sinclair, his company Sokol Holdings Inc, Mr Emmott’s Eagle Point Investments Limited and its banker Butterfield Bank (Bahamas) Limited which reinstated MWP’s appeal as to the true ownership of the 14.75m Shares in Max Petroleum plc and the US$950,000 of cash secreted away by Mr Emmott in his Eagle Point Investments Limited in the Bahamas in August and November 2005, which MWP believes properly belongs to it.
We are aware of much adverse publicity directed by Messrs Emmott, Sinclair, Sherry and Risbey towards MWP and myself, all of which has now been proven to be untrue.
They cannot escape from the fact that they have now lost twice in the English Court of Appeal and the clear turning of the tide as MWP moves forward with enforcing the US$13m of judgments it has so far obtained in its favour, and punishing the perpetrators of the fraud MWP suffered at their hands.”
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Michael Wilson & Partners, Ltd. (MWP) is an international independent full service law firm with offices in Baku, Azerbaijan, and Almaty, Kazakhstan, covering Caucasus and the Central Asian region. MWP was established in Almaty in 1998 and in Baku in 2003. Today it is recognised as one of the region’s leaders, combining years of collective experience in the CIS with its key personnel practicing domestically and internationally for over a couple of decades on a resident full-time basis. MWP prides to taking a leading role on many of the groundbreaking cross-border transactions in a variety of sectors.
We have a unique ability to meet our clients’ real legal needs especially when approaching and dealing with the most important business opportunities that exist not only in Azerbaijan and Kazakhstan but also throughout the Caucasus and the entire Central Asia. Over the years we have represented many leading companies, foreign entities and international financial institutions. More information can be obtained from Assel Kulisheva at +7 727 2584890 or Assel.Kulisheva@mwp.kz.
MAXIMISING OPPORTUNITIES & MINIMISING RISKS IN:
• Arbitration & Litigation
• Banking, Finance & Project Finance
• Commercial & Corporate
• Corporate Finance & Securities
• Energy
• Engineering & Construction
• Foreign Investments & Joint Ventures
• Intellectual Property
• Labour & Employment Matters
• Mining & Natural Resources
• Real Estate
• Tax, Telecommunications & Transportation
For MWP company profile, accolades and the unrivalled track records, please refer to our website www.mwp.kz or www.mwp.az.
MWP regularly receives a number of awards and accolades by the global editions of professional legal directories among which are:
Expert Guides
Asialaw Profiles
World Trademark Review 1000
The Legal 500
Chambers and Partners
Global Law Experts
Corporate INTL
Acquisition International
Who's Who Legal
The Court of Appeal entirely accepted MWP’s and Mr Wilson’s appeals, and found that not only are the underlying agreements and obligations between MWP, and each of Kazholdings Inc (MWP’s secured lender) and Kazholdings LLP (MWP’s landlord) valid, binding and enforceable in all respects, but further that the transactions Mr Emmott sought to attack were at all times proper, and in the ordinary course of MWP’s business.
In short, Mr Emmott (funded by T. Sinclair) and his legal team lost and entirely, with significant costs being awarded against him, personally and requiring him to reimburse costs previously paid by MWP to him. Quite clearly Mr Emmott’s application dating back to 10 June 2015 was misconceived from the start, and should never have been made.
Commenting on the news, Mr Wilson the Managing Director of MWP commented:
“MWP and I are delighted with this wonderful news and that we have been totally vindicated and, once again proved who is right and who is wrong.
This victory is very significant, and follows on from an equally important victory for MWP against Mr Sinclair, his company Sokol Holdings Inc, Mr Emmott’s Eagle Point Investments Limited and its banker Butterfield Bank (Bahamas) Limited which reinstated MWP’s appeal as to the true ownership of the 14.75m Shares in Max Petroleum plc and the US$950,000 of cash secreted away by Mr Emmott in his Eagle Point Investments Limited in the Bahamas in August and November 2005, which MWP believes properly belongs to it.
We are aware of much adverse publicity directed by Messrs Emmott, Sinclair, Sherry and Risbey towards MWP and myself, all of which has now been proven to be untrue.
They cannot escape from the fact that they have now lost twice in the English Court of Appeal and the clear turning of the tide as MWP moves forward with enforcing the US$13m of judgments it has so far obtained in its favour, and punishing the perpetrators of the fraud MWP suffered at their hands.”
***********************************************************
Michael Wilson & Partners, Ltd. (MWP) is an international independent full service law firm with offices in Baku, Azerbaijan, and Almaty, Kazakhstan, covering Caucasus and the Central Asian region. MWP was established in Almaty in 1998 and in Baku in 2003. Today it is recognised as one of the region’s leaders, combining years of collective experience in the CIS with its key personnel practicing domestically and internationally for over a couple of decades on a resident full-time basis. MWP prides to taking a leading role on many of the groundbreaking cross-border transactions in a variety of sectors.
We have a unique ability to meet our clients’ real legal needs especially when approaching and dealing with the most important business opportunities that exist not only in Azerbaijan and Kazakhstan but also throughout the Caucasus and the entire Central Asia. Over the years we have represented many leading companies, foreign entities and international financial institutions. More information can be obtained from Assel Kulisheva at +7 727 2584890 or Assel.Kulisheva@mwp.kz.
MAXIMISING OPPORTUNITIES & MINIMISING RISKS IN:
• Banking, Finance & Project Finance
• Commercial & Corporate
• Corporate Finance & Securities
• Energy
• Engineering & Construction
• Foreign Investments & Joint Ventures
• Intellectual Property
• Labour & Employment Matters
• Mining & Natural Resources
• Real Estate
• Tax, Telecommunications & Transportation
For MWP company profile, accolades and the unrivalled track records, please refer to our website www.mwp.kz or www.mwp.az.
MWP regularly receives a number of awards and accolades by the global editions of professional legal directories among which are:
Expert Guides
Asialaw Profiles
World Trademark Review 1000
The Legal 500
Chambers and Partners
Global Law Experts
Corporate INTL
Acquisition International
Who's Who Legal