{"id":599278,"date":"2026-04-19T00:18:26","date_gmt":"2026-04-18T22:18:26","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/"},"modified":"2026-04-19T00:18:26","modified_gmt":"2026-04-18T22:18:26","slug":"old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/","title":{"rendered":"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd"},"content":{"rendered":"
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MR JUSTICE RICHARDS: 1 This judgment should be read together with my judgment reported at [2023] EWHC 1886 (Ch) in the trial of this action (the \u201cTrial Judgment\u201d). Terms defined in the Trial Judgment have the same meaning in this judgment unless the context otherwise requires. 2 I\u00a0have two applications in front of me: i. HVK\u2019s application of\u00a06\u00a0March\u00a02024 relating to a\u00a0possible third party costs order (the \u201cJoinder and Disclosure Application\u201d). By that application, HVK seeks joinder of Mr\u00a0Sherwin as a\u00a0costs-only party pursuant to CPR\u00a046.2(1)(a). He seeks disclosure in relation to the arrangements under which the Fund funded the claims against him and he also seeks a\u00a0hearing to give directions for the future conduct of\u00a0third party costs order proceedings. ii. HVK\u2019s application under paragraph\u00a02 of Practice Direction\u00a047 (the \u201cStay Application\u201d) for an extension of time in which to commence detailed assessment proceedings and a\u00a0stay of detailed assessment of the costs order in his favour. Background 3 The background is well-known to the parties, and I\u00a0will deal with it briefly. The Fund is insolvent and is in the course of winding-up in the Cayman Islands. It has funding arrangements that enabled it to bring the claims against BP and HVK. It is accepted that one person providing funding is Mr Sherwin and there may or may not be others. 4 In the Trial Judgment, I\u00a0dismissed all the claims against HVK. In my consequentials order of\u00a028\u00a0November\u00a02023, I\u00a0ordered the Fund to pay HVK\u2019s costs to be assessed with part of the costs to be assessed on the indemnity basis. I\u00a0ordered an interim payment on account of some\u00a0\u00a3734,590 (excluding interest) which was some\u00a0\u00a3208,000 greater than the security for costs which the Fund had been ordered to provide. The Fund has paid the interim payment that I\u00a0ordered. 5 The Fund has permission to appeal to the Court of Appeal on one ground, with that appeal due to be heard\u00a0in early July\u00a02024. The Fund has provided\u00a0\u00a384,000 of security for costs as ordered by the Court of Appeal (by consent). 6 HVK has formed the view that he may be in a\u00a0position to obtain a\u00a0third party costs order, pursuant to section\u00a051 of the Senior Courts Act 1981 (the \u201c1981 Act\u201d), against Mr\u00a0Sherwin. Mr\u00a0Sherwin is the funder that he knows about and HVK asks that he be joined as a defendant for the purposes of costs only. He also considers that he needs disclosure from the Fund to enable him to consider whether to join others and seek third party costs orders against them. It is accepted that if Mr\u00a0Sherwin is joined and disclosure ordered and provided, there should not be a\u00a0directions hearing until after the Court of Appeal hands down judgment in the appeal. 7 In addition, HVK considers that commencing the assessment process now would be premature and risks being wasteful given the pending proceedings in the Court of Appeal, and that is the rationale for the application for the Stay Application. The Joinder Application 8 It is common ground that the court has power to make third party costs orders pursuant to section\u00a051 of the 1981 Act. The procedure for exercising that power is to be found in CPR\u00a046.2: first a party is joined as a\u00a0costs-only party; and second, that party is given a\u00a0reasonable opportunity to attend a\u00a0hearing at which the court is to consider the matter further. It is also common ground that I\u00a0have power to order disclosure ancillary to my jurisdiction under section\u00a051. 9 I\u00a0agree with HVK that there is no principle of law or practice to the effect that an application for joinder of Mr\u00a0Sherwin can be made only once a\u00a0costs liability has been finally determined. Loson & Anor v Brett Stack\u00a0& Anor [2016] EWCA Civ\u00a0610 was cited for that proposition. That was a\u00a0judgment on an application for permission to appeal and so is not citeable in accordance with the Practice Direction (Citation of Authorities) [2001] 1 WLR 1001. I\u00a0therefore treat it as an example of how the court has acted in the past, rather than as a\u00a0precedent of how the court must or should act. 10 I\u00a0do not, however,\u00a0think that authority is needed for the proposition that joinder can be ordered before a\u00a0costs liability has finally been determined. That proposition follows simply from the absence of any such requirement to the contrary in CPR. It also follows from common sense. If there is someone who might be liable to a\u00a0third party costs order, it makes sense to have power to add them before the costs are finally determined. That way the person in question can make submissions during the assessment process itself on the level of costs for which he or she might ultimately be made liable. Lord Justice Christopher Clarke, sitting at first instance in the case of Excalibur Ventures LLC v Texas Keystone Inc [2013] EWHC 4278, made a\u00a0point substantially to that effect. 11 Nor do I agree with Mr\u00a0Krsljanin that it is \u201cvanishingly rare\u201d for the court to add a\u00a0party as a\u00a0costs-only party before a\u00a0costs liability has gone unpaid. He relies on Thomsonv Berkhamsted Collegiate School and others [2009] EWHC 2374 (QB) and Automotive LatchSystems Ltd v Honeywell International Inc. [2008] EWHC 3442 (Comm) as examples where joinder was made when there was a\u00a0costs order unpaid, but I\u00a0do not consider that an exercise of fact-matching precludes the power from being exercised in different circumstances. 12 I conclude that there is no principle or practice to the effect that I\u00a0can only join Mr\u00a0Sherwin as a party once there is an unpaid costs order and the question therefore reduces to whether I\u00a0should join Mr\u00a0Sherwin as a party in this case. 13 I\u00a0also agree with HVK that on an application for joinder the court should not engage in a\u00a0detailed preliminary examination of the merits. If it is clear that the joinder would be an abuse of process, then I\u00a0should obviously refuse it. That follows from PR Records v Vinyl\u00a02000 Limited\u00a0[2008] 1 Costs OR\u00a019. 14 I\u00a0agree that the examination should not stop at the question of abuse of process. If an application is obviously flawed for other reasons, for example, if the claim for a\u00a0third-party costs order would obviously be meritless, there would be no sense in joining the party in question. However, in PR Records Morgan J expressly rejected the proposition that it was necessary to show an arguable case in order for a\u00a0party to be joined. I should, therefore, consider whether the application to join Mr Sherwin is obviously meritless, and I\u00a0should consider that in the context of a\u00a0procedure that is intended to be broadly summary (see [44] of PR Records). 15 Mr\u00a0Krsljanin objects that if I decline to perform a\u00a0searching examination of the merits of the claim for third party costs against Mr Sherwin, I will be applying a different test when deciding whether to join Mr Sherwin from that which I apply when I consider whether I order the Fund to give disclosure. However, I\u00a0do not see any such difficulty. Joining Mr\u00a0Sherwin as a costs-only defendant does not in itself require him to do anything. By contrast, making an order for disclosure against the Fund would require it to comply with that order and face sanctions if it does not. Given that difference, it is not surprising that there should be a\u00a0different threshold for making a\u00a0disclosure order against the Fund as compared with an order for joinder of Mr Sherwin. 16 Mr\u00a0Krsljanin relies essentially on four factors that he says point firmly against the joinder application being successful: i. He notes that there are currently no unsatisfied costs orders against the Fund and it is \u201cvanishingly rare\u201d to join a party with a view to making a third party costs order before a\u00a0costs order has gone unpaid. I\u00a0have dealt with that argument already. ii. All evidence to date suggests that the Fund will meet any costs orders that are made in the future. He refers to this as a\u00a0\u201ctrack record of compliance\u201d, and notes that in correspondence the Fund has confirmed that its funding arrangements have both been approved by the Cayman court and extend to satisfying adverse costs orders. iii. HVK\u2019s approved costs budget is just\u00a0\u00a3855,000 and \u00a3734,590 of that has already been paid. Accordingly, HVK has a limited exposure to a\u00a0future non-payment of costs and the Fund is likely to pay any relatively modest additional payment that is due. iv. There is no sufficiently good evidence of conduct, whether on behalf of Mr\u00a0Sherwin or indeed anyone else, that is close to the exceptional behaviour that it\u00a0would be necessary to make someone liable for costs as a\u00a0third party. 17 I\u00a0will deal with those in turn. 18 I\u00a0accept that it\u00a0can be, in principle, relevant to consider the extent to which historic costs orders have been paid (see, for example Rudd v Bridle [2019] EWHC 1986 (QB)). Therefore the \u201ctrack record of compliance\u201d to which the Fund refers is a relevant consideration. However, I consider that counts for less in this case than the Fund suggests. I\u00a0accept that previous costs orders have been paid, but I\u00a0consider that was in circumstances where they had to be. If security for costs was not given in the High Court, then the claim would ultimately have been struck out and if security for costs was not given in the Court of Appeal, then the appeal would not have been allowed to go ahead. 19 I\u00a0am not for a\u00a0moment suggesting that the Fund necessarily will not pay costs orders in the future. However, it is relevant to note that, once the Court of Appeal proceedings are concluded, the Fund will have a potentially lower incentive to pay than it has had to date. 20 I\u00a0recognise that a letter from the Fund\u2019s solicitors of 18\u00a0August\u00a02023 confirms that its funding arrangements cover adverse costs orders. However, that letter does not confirm the detail of that coverage or deal with matters such as whether a\u00a0cap applies. The Fund could conceptually have offered HVK some kind of undertaking to pay costs and the absence of such an undertaking leaves open the possibility that, even if the Fund wanted to pay in the future, it might not have the resources to do so. 21 I\u00a0do not attach great significance to the fact that the funding arrangements have been approved by the Cayman Islands court. It is not obvious to me that the Cayman court will have been considering whether those funding arrangements would enable HVK to be paid his costs in full should the claim fail. Rather, quite properly, the Cayman Islands court would have been considering the funding arrangements from the perspective of the rules applicable to liquidation of the Fund. 22 Turning to the point made in paragraph 16iii), I accept that, if HVK is awarded just his budgeted costs, his exposure to the Fund\u2019s ability or willingness to pay amounts to some 14 per cent of his budgeted costs. However, HVK\u2019s costs budget was approved before I\u00a0ordered that HVK should obtain indemnity costs from January\u00a02023 onwards. Therefore, I\u00a0do not consider that the costs budget provides as reliable a guide to HVK\u2019s likely recovery of costs as the Fund suggests. 23 The Fund\u2019s next point relates to the \u201cexceptional\u201d conduct that is said to be necessary for the court to make a\u00a0third party costs order. Both sides agree that \u201cexceptional\u201d in this context does not mean that the conduct needs to be egregious or particularly reprehensible. Rather, the word \u201cexceptional\u201d is used in the sense of a third party costs order being an exception to the normal position. 24 These submissions require some consideration of the principles underpinning the ultimate grant of a\u00a0third party costs order. Deutsche Bank AG v Sebastian Holdings\u00a0[2016] 4 WLR 17 shows that it is relevant to consider the nature and degree of connection between Mr\u00a0Sherwin and the proceedings. The Privy Council\u2019s decision in Dymocks Franchise Systems (NSW) Pty Ltd v Todd\u00a0[2004] 1 WLR 2807 also sets out useful principles that should be applied. The authorities recognise a broad distinction between \u201cpure\u201d funders (who would not ordinarily be made subject to a third party costs order) and persons who not only fund but also have some degree of control over, or benefit from, the proceedings in question. The most difficult cases are said to be those in which a\u00a0non-party, such as Mr\u00a0Sherwin, funds a\u00a0financially insecure company with a\u00a0view to advancing the funder\u2019s own financial interests. 25 In Dymocks\u00a0at 29, it was said: \u201cIn the light of these authorities their Lordships would hold that generally speaking where a\u00a0non-party promotes and funds proceedings by an insolvent company solely or substantially for his own financial benefit, he should be liable for the costs if his claim or defence or appeal fails\u201d. As explained in the cases, however, that is not to say that orders will invariably be made in such cases. Deutsche Bank AG v Sebastian recognises the fact-specific nature of the enquiry. 26 I\u00a0quite accept that Mr\u00a0Sherwin may be able to establish ultimately that he should not be made subject to a third party costs order. At trial he said in his evidence that he was providing funding for the litigation and was seeking a\u00a0commercial return. That is not inconsistent with a role as a \u201cpure funder\u201d. However, he also referred to the fact that his wife had lost money from her investment in the Fund and he explained that part of his motivation for providing funding was that he felt deeply that that should not have been allowed to happen. 27 Mr\u00a0Krsljanin argues that there is no evidence of Mr\u00a0Sherwin controlling the proceedings. That is true, but since I do not consider that HVK needs to show an arguable case in order to obtain joinder of Mr Sherwin I do not consider that to be fatal. It is difficult to see how HVK could produce such evidence since he has not yet had any disclosure from the Fund as to how its funding arrangements worked. In any event, it is not implausible to argue that someone who feels so strongly as Mr\u00a0Sherwin said he did at trial might at least seek to cross the line between being a\u00a0pure funder and becoming a\u00a0person who seeks control. Nor is it unreasonable to assume that Mr\u00a0Sherwin would be consulted on important matters, not least as he was funding an insolvent company which was periodically required to give security for costs. 28 I recognise that it was Mr Sherwin\u2019s wife who suffered loss from an investment in the Fund rather than Mr Sherwin himself. However, I consider the considerations above still to be relevant. I\u00a0consider the case for joinder appears sufficiently strong that the joinder application should be allowed. 29 There is one final point. Mr\u00a0Krsljanin says that I\u00a0should not make a joinder order now but should adjourn and wait to see if the costs are ultimately paid. Perhaps if stronger assurances had been given that the Fund could and would pay, that might have been appropriate. However, I have explained why I have some reservations on that issue. There is always a\u00a0temptation to defer decisions, but doing so would run particular risks in this case. Consider the situation where the Fund is unsuccessful in the Court of Appeal, detailed assessment is commenced and concluded, the final costs order is not paid with the funders arguing that they are either not obliged to pay or require the Fund to sue them to make them pay. In that case, Mr Sherwin could be certainly be joined at that later stage. However, if joined late in the day, he might well point to the unfairness of being bound by a detailed assessment of costs in which he had not been able to participate. 30 The court should not require either Mr Sherwin or HVK to run that risk. I\u00a0consider that the correct response to the joinder application is to join Mr\u00a0Sherwin as party today, and I\u00a0will do so in accordance with CPR\u00a019.2 and\u00a019.4. The disclosure application 31 Much of what I\u00a0have said on the joinder application can be applied to the disclosure application. 32 HVK seeks disclosure of the following matters: i. the identity of all persons providing funding, ii. the amount of that funding, iii. the terms on which the funding is provided, iv. the extent of each party\u2019s involvement in the process of the litigation and the nature and extent of that party\u2019s interests, financial or otherwise, in the outcome of the action. 33 It is common ground that it\u00a0does not follow that just because the Fund may be liable to pay HVK\u2019s costs, HVK is entitled to full disclosure of the Fund\u2019s assets or how it proposes to pay. That follows from Rudd v Bridle to which I have already referred. 34 Relevant factors as to the exercise of my discretion are set out in Thomson v Berkhamsted Collegiate School to which I have also referred already.\u00a0 I\u00a0have a general judicial discretion, but in exercising it I should consider the following: i. the strength of the application for the third party costs order without disclosure; ii. the potential value of the documents sought to be disclosed such as whether they are likely to be highly probative of the court\u2019s exercise of discretion or whether they are likely to take the court down a side alley; iii. whether it is obvious that the disclosure sought will be subject to legal professional privilege; and iv. whether the likely effect of the order is proportionate or just in the circumstances. 35 As to the first factor, the strength of the case without disclosure, there is some suggestion that there are other funders in a similar position to Mr\u00a0Sherwin. The liquidator of the Fund, Mr Trott, suggested in his evidence at trial that there were other funders. He suggested in paragraph\u00a041 of his witness statement, that they might be drawn from those economically harmed by the Fund\u2019s failure. I\u00a0accept that a\u00a0professional office holder such as Mr\u00a0Trott might not completely have ceded control of the action. However, if the funders are drawn from people who lost money in the Fund, it is not impossible that those funders will be treated, applying Lord Justice Coulson\u2019s formulation in Goknur Gidav Aytacli [2021] EWCA Civ 1037, as the \u201creal parties\u201d to the action against whom a third party costs order could be made. It does seem to me that there is a\u00a0plausible basis on which such funders could be joined, and made subject to a\u00a0third party costs order applying the formulation in both Goknur Gida and Dymocks. 36 I\u00a0have already dealt with, and rejected, the Fund\u2019s arguments that there is an insufficiently strong basis for joining Mr Sherwin. I consider that analysis to apply to potential other funders of the type that Mr Trott described. I therefore consider that there is an adequately strong case even for joining such additional funders as there may be even without the\u00a0disclosure sought. 37 I consider that HVK\u2019s disclosure request is appropriately circumscribed and goes directly to the issues. The Fund argues that it is disproportionate to require disclosure on the level of involvement in the action, but that point can be dealt with by making it clear that there does not need to be a\u00a0description of each or every meeting or telephone call, just a\u00a0high-level analysis. 38 There does not seem to be any suggestion that there is a\u00a0problem with legal professional privilege. 39 Finally, as regards proportionality, I consider the disclosure sought to be modest and circumscribed. I recognise that the Fund does not want to give it. I\u00a0recognise that there is a\u00a0possibility that disclosure\u00a0might prove unnecessary if ultimately the Fund pays the costs orders. However, given the relatively circumscribed nature and the other considerations outlined in this section I\u00a0consider making the disclosure order to be proportionate in the circumstances and I\u00a0make that order. The Stay Application 40 The Stay Application is now not opposed. There are some points as to whether the Fund is a\u00a0few days late in applying for an extension of time to commence detailed assessment proceedings so as to need relief from sanctions, but neither side suggests that this is a matter for me to determine today. Although it does not formally oppose the Stay Application, the Fund makes the reasonable point that it is made for HVK\u2019s benefit, though it does not deny that there are perfectly sensible case management reasons why it should be allowed. 41 It was common ground that the fact that the Fund has not commenced detailed assessment proceedings by the applicable deadline engages the court\u2019s power in CPR 47.8(3) to disallow interest that would otherwise be payable under the Judgments Act 1838. The debate before me focused on the extent to which the accrual of interest should be \u201cswitched off\u201d until detailed assessment proceedings are commenced. 42 It is common ground that as matters stand the Fund is liable to an accrual of interest at the\u00a08 per cent Judgments Act rate on unpaid costs. There was a\u00a0period for which it was liable to interest at a\u00a0rate of base plus\u00a06 per cent, which obviously would be higher than\u00a08 per cent, but interest at that rate ceased accruing from the date of my order of\u00a028\u00a0November\u00a02023. 43 HVK\u2019s position is that even until he commences proceedings for detailed assessment, he is still out of his money and therefore should continue to accrue interest at\u00a0the full 8 per cent Judgments Act rate. The Fund\u2019s position is that the deferral of detailed assessment proceedings is entirely for HVK\u2019s benefit and therefore interest should cease to accrue. Put another way, the Fund should not incur a\u00a0disbenefit as a consequence of an order that is being made for HVK\u2019s benefit. 44 Given that debate, I\u00a0consider it appropriate to look at the precise nature of the Fund\u2019s disbenefit. The Fund will retain the use of the money until detailed assessment proceedings are concluded force and therefore can be expected to earn some return on it. However, against that it\u00a0continues to accrue interest at\u00a08 per cent on its costs liability to HVK. 45 HVK says that is no real disbenefit because commercial interest rates can be assumed to be at or around base rate plus\u00a02 per cent and therefore the interest rate differential is immaterial. 46 However, I\u00a0consider that analysis overlooks the fact that ultimately the deferral of detailed assessment proceedings is sought for HVK\u2019s benefit. Also I\u00a0accept Mr\u00a0Krsljanin\u2019s submission that the Fund should not be assumed to be able to earn a return at base rate plus 2 per cent. While that might be achievable if the Fund\u2019s money is \u201clocked up\u201d for a period, the Fund is not in a position to lock up its money for long because it might need it at short notice to meet a\u00a0costs liability. 47 HVK responds that the court should not postulate an \u201cearmarked\u201d fund that is invested somewhere but should perform a more general enquiry based entirely on rates. 48 In my judgment, the correct approach is this. The deferral of detailed assessment proceedings is for HVK\u2019s benefit and it is appropriate for the court to act to prevent it causing a\u00a0realistic disbenefit to the Fund. I\u00a0therefore propose to assume, in the Fund\u2019s favour, that that Fund can obtain a\u00a0return of base rate only, and therefore during the period until detailed assessment proceedings are commenced, unpaid costs due to HVK should accrue interest at base rate only rather than at\u00a08\u00a0per cent. __________ CERTIFICATE Opus 2 International Limited hereby certifies that the above is an accurate and complete record of the Judgment or part thereof. Transcribed by Opus 2 International Limited Official Court Reporters and Audio Transcribers 5 New Street Square, London, EC4A 3BFTel: 020 7831 5627 Fax: 020 7831 7737 civil@opus2.digital This transcript has been approved by the Judge<\/p>\n<\/div>\n

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MR JUSTICE RICHARDS: 1 This judgment should be read together with my judgment reported at [2023] EWHC 1886 (Ch) in the trial of this action (the \u201cTrial Judgment\u201d). Terms defined in the Trial Judgment have the same meaning in this judgment unless the context otherwise requires. 2 I have two applications in front of me: i. HVK\u2019s application of 6…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[7618],"kji_chamber":[],"kji_year":[8677],"kji_subject":[7612],"kji_keyword":[8446,8052,7707,23176,8034],"kji_language":[7611],"class_list":["post-599278","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-high-court-chancery-division","kji_year-8677","kji_subject-fiscal","kji_keyword-consider","kji_keyword-costs","kji_keyword-order","kji_keyword-sherwin","kji_keyword-should","kji_language-anglais"],"yoast_head":"\nOld Park Capital Maestro Fund Ltd v Old Park Capital Ltd - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd\" \/>\n<meta property=\"og:description\" content=\"MR JUSTICE RICHARDS: 1 This judgment should be read together with my judgment reported at [2023] EWHC 1886 (Ch) in the trial of this action (the \u201cTrial Judgment\u201d). Terms defined in the Trial Judgment have the same meaning in this judgment unless the context otherwise requires. 2 I have two applications in front of me: i. HVK\u2019s application of 6...\" \/>\n<meta property=\"og:url\" content=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/\" \/>\n<meta property=\"og:site_name\" content=\"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"\u9884\u8ba1\u9605\u8bfb\u65f6\u95f4\" \/>\n\t<meta name=\"twitter:data1\" content=\"20 \u5206\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\\\/\",\"name\":\"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#website\"},\"datePublished\":\"2026-04-18T22:18:26+00:00\",\"breadcrumb\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\\\/#breadcrumb\"},\"inLanguage\":\"zh-Hans\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\\\/\"]}]},{\"@type\":\"BreadcrumbList\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\\\/#breadcrumb\",\"itemListElement\":[{\"@type\":\"ListItem\",\"position\":1,\"name\":\"Home\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\"},{\"@type\":\"ListItem\",\"position\":2,\"name\":\"Jurisprudences\",\"item\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/jurisprudences\\\/\"},{\"@type\":\"ListItem\",\"position\":3,\"name\":\"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd\"}]},{\"@type\":\"WebSite\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#website\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\",\"name\":\"Kohen Avocats\",\"description\":\"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. Il assure un accompagnement rigoureux d\u00e8s la garde \u00e0 vue jusqu\u2019\u00e0 la Cour d\u2019assises, veillant au strict respect des garanties proc\u00e9durales.\",\"publisher\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#organization\"},\"potentialAction\":[{\"@type\":\"SearchAction\",\"target\":{\"@type\":\"EntryPoint\",\"urlTemplate\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/?s={search_term_string}\"},\"query-input\":{\"@type\":\"PropertyValueSpecification\",\"valueRequired\":true,\"valueName\":\"search_term_string\"}}],\"inLanguage\":\"zh-Hans\"},{\"@type\":\"Organization\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#organization\",\"name\":\"Kohen Avocats\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/\",\"logo\":{\"@type\":\"ImageObject\",\"inLanguage\":\"zh-Hans\",\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#\\\/schema\\\/logo\\\/image\\\/\",\"url\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"contentUrl\":\"https:\\\/\\\/kohenavocats.com\\\/wp-content\\\/uploads\\\/2026\\\/01\\\/Logo-2-1.webp\",\"width\":2114,\"height\":1253,\"caption\":\"Kohen Avocats\"},\"image\":{\"@id\":\"https:\\\/\\\/kohenavocats.com\\\/zh-hans\\\/#\\\/schema\\\/logo\\\/image\\\/\"}}]}<\/script>\n<!-- \/ Yoast SEO Premium plugin. -->","yoast_head_json":{"title":"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/","og_locale":"zh_CN","og_type":"article","og_title":"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd","og_description":"MR JUSTICE RICHARDS: 1 This judgment should be read together with my judgment reported at [2023] EWHC 1886 (Ch) in the trial of this action (the \u201cTrial Judgment\u201d). Terms defined in the Trial Judgment have the same meaning in this judgment unless the context otherwise requires. 2 I have two applications in front of me: i. HVK\u2019s application of 6...","og_url":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/","og_site_name":"Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","twitter_card":"summary_large_image","twitter_misc":{"\u9884\u8ba1\u9605\u8bfb\u65f6\u95f4":"20 \u5206"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/","url":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/","name":"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris","isPartOf":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/#website"},"datePublished":"2026-04-18T22:18:26+00:00","breadcrumb":{"@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/#breadcrumb"},"inLanguage":"zh-Hans","potentialAction":[{"@type":"ReadAction","target":["https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/old-park-capital-maestro-fund-ltd-v-old-park-capital-ltd\/#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/kohenavocats.com\/zh-hans\/"},{"@type":"ListItem","position":2,"name":"Jurisprudences","item":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/"},{"@type":"ListItem","position":3,"name":"Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd"}]},{"@type":"WebSite","@id":"https:\/\/kohenavocats.com\/zh-hans\/#website","url":"https:\/\/kohenavocats.com\/zh-hans\/","name":"Kohen Avocats","description":"Ma\u00eetre Hassan Kohen, avocat p\u00e9naliste \u00e0 Paris, intervient exclusivement en droit p\u00e9nal pour la d\u00e9fense des particuliers, notamment en mati\u00e8re d\u2019accusations de viol. 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