Scriven v Scriven & Ors

Scriven v Scriven & Ors

The court found, on balance of probabilities, that Edward Scriven surrendered his interest in E&C/SCH Jersey via the Purchase Agreement, agreeing Donna would receive £200,000 after his death. No Family Business Agreement or Company Agreement existed. Edward agreed at the LTL Family Meeting not to participate in LTL/LBEL. He made no significant financial contribution to the Tooley Street project. Danny and Lee did not breach fiduciary or contractual duties. Evans Mockler Limited owed no relevant duties and acted on instructions from Danny. Edward's claims failed against all defendants.

Parties
Claimant: Edward Scriven; First Defendant: Lee Daniel Scriven; Second Defendant: Daniel Edward Scriven; Third Defendant: Gary Brian Winston; Fourth Defendant: Evans Mockler Limited; Fifth Defendant (discontinued by Consent): Highstone Directors Limited; Sixth Defendant: London Tombs Limited (in administration)
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed in its entirety against all defendants.
Legal Topics
Breach of Trust, Breach of Contract, Constructive Trust, Fiduciary Obligations, Negligence, Shareholder Disputes, Company Management, Family Business Arrangements
Trusts Company Law Contract Fiduciary Duties Negligence Breach of Trust Breach of Contract Constructive Trust +4 more

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Parties

Edward Scriven

Claimant

Lee Daniel Scriven

First Defendant

Daniel Edward Scriven

Second Defendant

Gary Brian Winston

Third Defendant

Evans Mockler Limited

Fourth Defendant

Highstone Directors Limited

Fifth Defendant (discontinued by Consent)

London Tombs Limited (in administration)

Sixth Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether Edward Scriven retained an interest in E&C property and SCH Jersey after the Purchase Agreement
  2. 2 Whether Edward Scriven had an interest in LTL/LBEL and the Tooley Street project
  3. 3 Existence and effect of a Family Business Agreement (FBA)

Ratio Decidendi

The court found, on balance of probabilities, that Edward Scriven surrendered his interest in E&C/SCH Jersey via the Purchase Agreement, agreeing Donna would receive £200,000 after his death. No Family Business Agreement or Company Agreement existed. Edward agreed at the LTL Family Meeting not to participate in LTL/LBEL. He made no significant financial contribution to the Tooley Street project. Danny and Lee did not breach fiduciary or contractual duties. Evans Mockler Limited owed no relevant duties and acted on instructions from Danny. Edward's claims failed against all defendants.

Court Disposition

Claim dismissed in its entirety against all defendants.

Orders

  • No relief granted to Edward Scriven.
  • Parties to agree consequential orders or submit rival drafts for court approval.