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DANILINA V CHERNUKHIN [2020] EWCA Civ 109

Having successfully defended all claims made against our client in conspiracy and for breach of fiduciary duty, the appellant obtained permission to appeal in respect of one of seven grounds.

We obtained security for costs in respect of costs of that appeal, which was heard over 2 days in December 2019. The appeal was dismissed in February 2020 when the Court of Appeal found that a disclosed principal could not be excluded from suing on a shareholders agreement. We recovered costs in the amount of the security paid by the appellant so the client did not have seek to have the costs of the appeal assessed. The appellant has sought permission to appeal to the Supreme Court, having had such permission refused by the Court of Appeal.