Executive Summary
- The case concerns SU Consultancy Ltd’s constructive trust over Miura Distribution Ltd’s business following unlawful means conspiracy claims.
- The Court assessed damages based on the business value as of July 2020 and ordered an account of profits from that date to December 2024 or a date to be determined.
- Key dispute centers on whether payment of damages extinguishes Miura’s ongoing interest and entitlement to an account of profits under the constructive trust.
- The Court held that damages and account of profits are cumulative remedies; payment of damages does not extinguish Miura’s right to an ongoing account.
- The constructive trust remains in place until the business is returned or accounted for fully.
Sanctions Highlights
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- No sanctions implications identified in the judgment or submissions.
Emerging Risks
- Potential for prolonged litigation over the precise end date of the account and extent of ongoing obligations under the constructive trust.
- Risk of double recovery claims if remedies are not clearly delineated between damages and account of profits.
- Uncertainty around the practical enforcement of constructive trusts in complex commercial disputes involving business assets.
Geopolitical Impact
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- No geopolitical significance or country-specific implications noted.
Economic Intelligence
- The valuation of Miura’s business as of July 2020 is the benchmark for damages, reflecting the economic loss from unlawful interference.
- The account of profits ordered covers income generated by SU from Miura’s business post-31 July 2020, ensuring recovery of unjust enrichment.
- The case underscores the economic importance of constructive trusts as a remedy to protect business interests and prevent wrongful profit retention.
Strategic Recommendations
- Parties should clearly distinguish between tort damages and trust-based remedies to avoid double recovery and protracted disputes.
- Litigation strategy should focus on defining the end date for the account to limit ongoing financial exposure.
- Consider settlement options that address both damages and profit accounts comprehensively to mitigate enforcement risks.
- Monitor developments in case law regarding constructive trusts and remedies in commercial torts for future risk management.
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Source Notes: *Sanctions Intelligence Digest*, [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/564.html](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/564.html)