AAH Pharmaceuticals Ltd v Birdi & Ors [2011] EWHC 1625 (QB) (20 June 2011)

AAH Pharmaceuticals Ltd v Birdi & Ors [2011] EWHC 1625 (QB) (20 June 2011)

Mr Birdi, as a senior employee and sole controller of the Panamanian companies, owed and breached a fiduciary duty by diverting funds due to the claimant, and both he and the companies are liable for knowing receipt, dishonest assistance, and unjust enrichment. The admitted facts and absence of any real defence make summary judgment appropriate.

Citation
[2011] EWHC 1625
Parties
Claimant: AAH Pharmaceuticals Limited; First Defendant: Daljit Birdi; Second Defendant: Ian Edge; Third Defendant: Greywood Investment S.A.; Fourth Defendant: Greywood Overseas S.A.; Fifth Defendant: AAH Marketing S.A.
Jurisdiction
England and Wales
Judgment Date
20 June 2011
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for the claimant for the full sum claimed against Mr Birdi and the Panamanian companies.
Legal Topics
Breach of Contract, Breach of Fiduciary Duty, Unjust Enrichment, Knowing Receipt, Dishonest Assistance, Summary Judgment
Employment Law Commercial Law Equity and Trusts Breach of Contract Breach of Fiduciary Duty Unjust Enrichment Knowing Receipt Dishonest Assistance +1 more

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Parties

AAH Pharmaceuticals Limited

Claimant

Daljit Birdi

First Defendant

Ian Edge

Second Defendant

Greywood Investment S.A.

Third Defendant

Greywood Overseas S.A.

Fourth Defendant

AAH Marketing S.A.

Fifth Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether Mr Birdi owed and breached a fiduciary duty to the claimant
  2. 2 Whether the Panamanian companies are liable for knowing receipt, dishonest assistance, and unjust enrichment
  3. 3 Whether the case is suitable for summary judgment given the allegations of dishonesty and fraud

Ratio Decidendi

Mr Birdi, as a senior employee and sole controller of the Panamanian companies, owed and breached a fiduciary duty by diverting funds due to the claimant, and both he and the companies are liable for knowing receipt, dishonest assistance, and unjust enrichment. The admitted facts and absence of any real defence make summary judgment appropriate.

Court Disposition

Judgment for the claimant for the full sum claimed against Mr Birdi and the Panamanian companies.

Orders

  • Judgment for £2,072,280.26 against Mr Birdi, Greywood Overseas S.A., and AAH Marketing S.A.
  • Damages to be assessed for breach of contract against Mr Birdi.