XX & Ors v YY & Ors

MR STEPHAN ROBINS and MR ANDREW SHAW (instructed by Mishcon de Reya) appeared on behalf of the Claimants/Respondents. MR THOMAS GRANT QC and MR CALEY WRIGHT (instructed by Grosvenor Law) appeared on behalf the Defendants/Applicants. ____________________

Again, the reference to the second sum of �10 million was, as is common ground, a mistake. It should have been c.�7 million.

(a) The POC contained personal claims, as I have already said. There was no correction of that.

(c) The position was repeated by counsel orally. He explained the two bases "in the alternative". Counsel submitted before me that those words naturally meant in the alternative to the basis on which the WFOs were sought against the other respondents. I cannot accept that submission. It is clear from the context that the Chabra ground was being advanced as an alternative to the first ground; namely that there was a personal claim against the tenth defendant and that the second defendant, who controlled her finances, was a dissipation risk.

(d) Things were made clearer still by other parts of the submissions. Counsel explained to the judge twice that the maximum sum in the order was the amount claimed by way of equitable compensation. That necessarily entailed the assertion of a personal claim.