NBLO helps Dutch investor win summary judgment in High Court for the sum of GBP 192,000

Category: English

15 February 2019

New Balkans Law Office has acted for Mr Kooter, the individual claimant in legal proceedings recently covered by the British press (e.g., The Evening Standard) and subsequently also in Bulgarian news media (e.g., 24 Chasa).

NBLO has represented Mr Kooter throughout the matter. We assisted with the enforcement of a worldwide freezing order issued by the High Court in London against real estate, bank account and other assets of the defendant situated in Bulgaria. As part of the attempts to preserving assets for enforcing his claim, the claimant also proceeded on the basis of prejudiced against him as a creditor. NBLO additionally acted on various ancillary aspects.

Separately, through one of NBLO’s partners who is dual-qualified as an English barrister, NBLO formed part of Mr Kooter’s UK legal team. In the UK, Mr Kooter won summary judgment for the sum of £192,000, interest and legal costs. The sum awarded was the entire claim by Mr Kooter relating to sums which Ms Radeva had ostensibly offered to invest on his behalf. For a separate part of the claim (approx. €36,000), the High Court was unable to give a summary (effectively, early-stage) judgment on the basis that unlike the investment related claim, the basis of these transfers could not be established without a full investigation of evidence including oral hearings.

Our client’s claim was successful in part because of the very clear indications which Ms Radeva had given of her apparent intention to invest the sums and of the way in which she had presented herself as an investment professional. Ms Radeva’s alternative explanation, including that the sums had been advanced for sundry expenses in a relationship, were not supported by the evidence and the court decided they were implausible.

The English court process offers a number of features compared to those in Bulgaria including the instrumentarium of summary judgments. With these, the court looks at whether the defendant’s theory of the case is sustainable and there is no other good reason for a full trial. Summary judgment applications tends to reduce the cost and quicken the outcome as they dispense with the questioning of witnesses and the process of disclosure.

NBLO is uniquely positioned to advance transnational dispute resolutions in the Bulgarian and United Kingdom courts and judicial forums.


Recent work:

AFI Europe group - ongoing legal support

In 2012 NBLO has continued to provide a full range of legal advice to its long-term client AFI Europe NV and its seven subsidiaries in Bulgaria. Our advice has ranged over a variety of issues – from day-to-day corporate governance and company secretarial work, to complex corporate transactions and banking and financing matters. We have also carried out two due diligence projects on behalf of AFI Israel Properties Ltd. in view of the contemplated public offering of the company on the Israeli Stock Exchange.

© New Balkans Law Office 2019