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MWP Wins as against Sinclair, Sokol, Eagle Point and Butterfield Bank in the English Court of Appeal [2015] EWCA Civ 774

On 23 July 2015, the Court of Appeal in England (Richards LJ and Clarke LJ) handed down judgement resoundingly in favour of MWP as against Sinclair, Sokol, Eagle Point and Butterfield Bank, which reinstates MWP’s appeal as against the 1st instance judgment of Teare J as to the true ownership of the 14.75m shares in Max Petroleum plc and the true ownership of US$950,000 of cash, both of which were secreted away by Mr J.F. Emmott into his Bahamian company, EPIL, but which MWP believes always properly belonged to it.

MWP joined Mr Emmott into the underlying claims on 23 July 2015, as a Part 20 Respondent. Mr Sinclair and his company Sokol withdrew and discontinued their counterclaims against MWP on 3 August 2015, which resulted in a further costs order being entered against them, in favour of MWP by CPR38.6, which costs are estimated at US$800,000 and are currently being assessed.

MWP’s appeal against the judgment of Teare J as to the true ownership of the 14.75m shares in Max Petroleum plc, and the true ownership of US$950,000 of cash, has also now been listed to be heard by the Court of Appeal on 1st and 2nd November 2016.

This Court of Appeal judgement in favour of MWP is of considerable legal significance, and much has been written about it in the global legal press, as can be seen from the attached.

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