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Rhino Enterprises Properties Ltd & anr (claimants/appellants) v Clyde & Co LLP (defendant/respondent)

Tuesday 17 – Wednesday 18 May 2022

(Appeal 1) The Appellants, Rhino Enterprises Properties Ltd and Askwith Investments Ltd (1st and 2nd Claimant below respectively) challenge the Order of HHJ Davis-White QC, dated 22 September 2021, by which he struck out their claim insofar as it alleged a breach of duty while acting as agents on behalf of the Claimants.

(Appeal 2) The Appellants, Robert Nicholas Jason Schofield (A1) and Rhino Enterprises Holdings Ltd (A2) (1st and 2nd Applicants below, respectively) challenge paragraph 1 of Order of HHJ Davis-White QC, dated 22 September 2021, by which he struck out their claim against the former joint administrators, Matthew David Smith and Clare Boardman (1st and 2nd Respondents below, respectively).

(Appeal 3) The Appellant Defendants, Clyde & Co challenge the Order of HHJ Davis-White QC, dated 22 September 2021, by which he struck out the claim against them insofar as it alleged a breach of duty whilst Clyde & Co were acting as agents on behalf of the Claimants.

The underlying proceedings relate to the interpretation of a Settlement Agreement dated 1 December 2015 reached at mediation when Barclays and the Settlement Companies settled the Barclays litigation. The SA has been interpreted by the court below as settling not only all claims against Barclays and its affiliates, but also any claims that each of the Settlement Companies might have against their own affiliates. The appeals are against the order of HHJ Davis-White QC, by which in reliance of the terms of the SA he struck out and dismissed claims.

View hearing:

Day 1

Part 1

Part 2

Day 2

Part 1

Part 2