In a judgment handed down on 23 May 2025, the High Court in Logix Aero Ireland Ltd v Siam Aero Repair Company Ltd [2025] EWHC 1283 (KB) struck out all claims in a complex commercial dispute arising from an international email interception fraud. 4 New Square’s Lucy Colter acted for the successful defendant, Siam Aero.
The dispute arose after an unknown party fraudulently impersonated both parties to the transaction, and the claimant transferred funds to the fraudster of over USD 800,000 for two aircraft engines.
The claimant sought declarations, damages, and delivery up of the engines, presently held on interim seizures in France, advancing claims of breach of contract (on the basis the fraudster had apparent authority of Siam Aero and entered into a binding agreement with Logix which had been breached), and alleged breach by Siam Aero of a confidentiality clause in the letter of intent. The claimant also pleaded an equivocal claim as to whether the defendant might have been complicit in the fraud, withdrawing that formulation of the claim only shortly before the hearing.
Mrs Justice Heather Williams DBE found that the claims were bound to fail, holding that the fraudster had no apparent authority, and that any alleged breach of confidentiality by the defendant did not cause the claimant’s loss.
The judge also awarded the defendant indemnity costs in respect of the claim as originally formulated, on the basis that the formulation of the claim was highly inappropriate (suggesting as it did that the defendant was complicit in the fraud), where it was accepted that there was insufficient material to warrant a full plea of fraud, and where there was no justification for the claimant “jumping the gun” in this way.
Lucy was instructed by Sarah Gabriel of Peters & Peters Solicitors LLP.
