Robert Colicci & Ors v Nora Mikhailovna Grinberg & Ors
[2023] EWHC 1177 (Ch)
Cydlia Zara Adler v Cripps Trust Corporation Limited
3 July 2024
[2024] EWHC 1711 (Ch)
High Court
A woman claims ownership of company shares based on some documents. Her husband's widow disagrees and wants the court to say the shares belong to the estate. The judge said the case isn't clear enough to decide right now, so it will go to a full hearing where they can examine the documents and evidence more thoroughly.
Key Facts
- •Ms Adler claims sole beneficial ownership of shares in Parygold, Brongard, and 15 other companies, relying on five documents.
- •Mrs Klein, the deceased's widow, brought Inheritance Act proceedings and removal proceedings against Ms Adler.
- •The five documents include a Disassociation Agreement and documents confirming share ownership, some signed by the deceased, others by Ms Adler.
- •Mrs Klein seeks to join the proceedings and obtain summary judgment against Ms Adler, arguing the documents show the shares belong to the deceased's estate.
- •The deceased's will leaves certain shares to Ms Adler, and the dispute centers on the interpretation of the five documents and their effect on the estate's value.
Legal Principles
Joinder of parties under CPR Part 19.2
CPR Part 19.2
Striking out a statement of case under CPR r. 3.4
CPR r. 3.4
Neutral stance of trustees in hostile trust disputes (Alsop Wilkinson v Neary)
Alsop Wilkinson v Neary [1996] 1 WLR 1220
Summary judgment under CPR r. 24.3
CPR r. 24.3
Abuse of process (Henderson v Henderson, Johnson v Gore Wood, Stuart v Goldberg Linde)
Henderson v Henderson (1843) 3 Hare 200; Johnson v Gore Wood [2002] 2 AC 1; Stuart v Goldberg Linde [2008] EWCA Civ 2
Construction of documents (Marley v Rawlings)
Marley v Rawlings [2015] AC 129
Transfer of proceedings under CPR r. 30.5
CPR r. 30.5
Outcomes
Mrs Klein joined as a second defendant.
She has a significant interest in the outcome, as it impacts the Inheritance Act proceedings.
Claim not struck out, summary judgment not granted, and claim not transferred to the Family Division.
The claim has a realistic prospect of success, and a mini-trial is impermissible at this stage. The claim is self-contained and appropriately heard in the Chancery Division.