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Gill & Anor v Kaur & Anor [2025] EWHC 156 (Comm) (17 January 2025)

Source: Open mirrored case · Original bailii.org

Sanctions ✓ Geo ✓

Executive Summary

  • The case concerns a proprietary injunction over shares in West Properties Holdings Limited (WPHL), an English company, linked to a family business structure involving entities in Delaware, Isle of Man, England, and Texas.
  • Claimants, Tarnjit and Jagjit Singh Gill, hold 46.1% of Regency Holdings LLC (Delaware), which indirectly owned WPHL via Jetson Properties Limited (Isle of Man).
  • Defendant Jagjit Kaur ("Jackie"), their sister, allegedly orchestrated the striking off of Jetson and transferred WPHL shares to herself, prompting claims of asset misappropriation.
  • Delaware derivative proceedings led to receivership over Regency to recover WPHL; English courts granted and extended a proprietary injunction to preserve assets.
  • Jackie failed to comply with disclosure orders and did not attend the continuation hearing, despite being aware and able to attend remotely.

Sanctions Highlights

  • No direct sanctions are imposed, but the case implicates cross-jurisdictional asset control and enforcement risks involving entities in the USA (Delaware), UK (England), and Isle of Man.
  • The proprietary injunction and receivership orders act as de facto restrictive measures on asset disposition.
  • Non-compliance with court orders (disclosure and injunction) risks committal proceedings, increasing legal exposure.
  • The involvement of Delaware courts and English courts highlights potential complexities in enforcing asset freezes across jurisdictions.

Emerging Risks

  • Continued non-compliance by Jackie threatens further erosion of asset control and complicates recovery efforts.
  • Potential backdating of share transfers raises fraud and evidentiary risks.
  • The family dispute and asset misappropriation claims may escalate into protracted cross-border litigation.
  • The value of WPHL (~£22.7 million) and associated Texas assets (airport and aviation interests) heighten stakes.
  • Mediation efforts in the USA indicate ongoing negotiation risks but also possible resolution pathways.

Geopolitical Impact

  • The case underscores the interplay between UK and US legal systems in cross-border corporate governance and asset recovery.
  • Delaware’s role as a corporate jurisdiction and the Isle of Man’s regulatory environment are focal points for jurisdictional leverage.
  • The UK courts’ willingness to enforce proprietary injunctions supports the US receivership, reflecting transatlantic judicial cooperation.
  • The involvement of Texas-based assets adds a US state-level dimension to the dispute.
  • The case exemplifies challenges in managing family-owned multinational assets amid geopolitical and jurisdictional fragmentation.

Economic Intelligence

  • WPHL’s valuation at approximately £22.7 million, plus significant aviation and property assets in Texas, represents substantial economic value at risk.
  • The family business structure involves complex ownership layers, increasing vulnerability to governance breakdowns.
  • Asset misappropriation allegations threaten investor confidence and may impact related business operations.
  • Prolonged litigation and injunctions could restrict liquidity and operational flexibility of the corporate group.
  • Potential reputational damage to involved parties may affect future business dealings and financing.

Strategic Recommendations

  • Maintain and extend proprietary injunctions to prevent further unauthorized asset transfers.
  • Pursue committal proceedings against Jackie for non-compliance to reinforce court authority.
  • Coordinate closely with Delaware receivers and US counsel to align cross-jurisdictional recovery strategies.
  • Monitor mediation developments to assess settlement potential while preparing for continued litigation.
  • Conduct forensic review of share transfer documentation to substantiate claims of backdating and fraud.
  • Engage with regulatory authorities in the Isle of Man and UK to explore additional enforcement mechanisms.
  • Prepare for potential escalation involving Texas assets by liaising with local legal experts.

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**Source Notes:**

Sanctions Intelligence Digest, [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/156.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/156.html)

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