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England and Wales Court of Appeal (Civil Division) Decisions


You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Rubin & Anor v Eurofinance SA & Ors [2010] EWCA Civ 1047 (20 July 2010)
URL: http://www.bailii.org/ew/cases/EWCA/Civ/2010/1047.html
Cite as: [2010] EWCA Civ 1047

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Neutral Citation Number: [2010] EWCA Civ 1047
Case No: A2/2009/1942

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE CHANCERY DIVISION
(NICHOLAS STRAUSS)

Royal Courts of Justice
Strand, London, WC2A 2LL
20th July 2010

B e f o r e :

LORD JUSTICE WARD
LORD JUSTICE WILSON
and
MR JUSTICE HENDERSON

____________________

Between:
RUBIN AND ANR

Appellant
- and -


EUROFINANCE SA AND ORS


Respondent

____________________

(DAR Transcript of
WordWave International Limited
A Merrill Communications Company
165 Fleet Street, London EC4A 2DY
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)

____________________

Mr Tom Smith (instructed by Dundas & Wilson LLP) appeared on behalf of the Appellant.
Mr Marcus Staff (instructed by Brown Rudnick LLP) appeared on behalf of the Respondent.

____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

    Lord Justice Ward:

    For the reasons we set out in writing the appeal is allowed; the cross-appeal is dismissed; paragraphs 4 to 6 of the order of Mr Nicholas Strauss QC are set aside; paragraphs 3 and 5 of the judgment of the United States Bankruptcy Court will be enforced; but we are going to give a stay for 28 days to allow them to go off to the Supreme Court and see if they can get permission. Order provides for costs to be paid by the respondent, to pay back some money they paid on costs already.

    Order: Appeal allowed


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