SU Consultancy Ltd v Singh & Ors [2025] EWHC 564 (Comm) (12 March 2025)

SU Consultancy Ltd v Singh & Ors [2025] EWHC 564 (Comm) (12 March 2025)

The account under the constructive trust ends on the date Miura's damages for the value of the business are satisfied, as payment extinguishes Miura's equitable interest and further accounting would constitute double recovery. Interest on costs runs from the date of judgment. The definition of 'Relevant Books of Account' is to be limited as per the court's direction.

Citation
[2025] EWHC 564 (Comm)
Parties
Claimant: S U Consultancy Ltd; Defendant/part 20 Claimant: Gurmit Singh; Defendant/part 20 Claimant: Balvinderjeet Kaur; Defendant/part 20 Claimant: Miura Distribution Ltd; Part 20 Defendant: Sangeeta Uppal; Part 20 Defendant: Sarbjeet Singh; Part 20 Defendant: Furdeco Limited; Part 20 Defendant: Resource Employment Ltd; Part 20 Defendant: Andrew Brookes
Jurisdiction
England and Wales
Judgment Date
12 March 2025
Procedural Posture
Commercial Claim and Part 20 Claim / Post Judgment, Determination of Consequential Orders
Outcome
Orders made on consequential matters; account to end on satisfaction of damages; interest on costs to run from judgment; limited definition of 'Relevant Books of Account'.
Legal Topics
Constructive Trusts, Unlawful Means Conspiracy, Damages Assessment, Account of Profits, Interest on Costs, Double Recovery, Remedial Constructive Trusts
Commercial Law Equity and Trusts Tort Law Civil Procedure Constructive Trusts Unlawful Means Conspiracy Damages Assessment Account of Profits +3 more

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Parties

S U Consultancy Ltd

Claimant

Gurmit Singh

Defendant/part 20 Claimant

Balvinderjeet Kaur

Defendant/part 20 Claimant

Miura Distribution Ltd

Defendant/part 20 Claimant

Sangeeta Uppal

Part 20 Defendant

Sarbjeet Singh

Part 20 Defendant

Furdeco Limited

Part 20 Defendant

Resource Employment Ltd

Part 20 Defendant

Andrew Brookes

Part 20 Defendant

Procedural Posture

Commercial Claim and Part 20 Claim / Post Judgment, Determination of Consequential Orders

Legal Issues

  1. 1 Whether payment of damages for conspiracy extinguishes Miura's interest in the business and ends the account under the constructive trust
  2. 2 Whether remedies in tort and under the constructive trust are cumulative or require election
  3. 3 From what date interest on costs should run

Ratio Decidendi

The account under the constructive trust ends on the date Miura's damages for the value of the business are satisfied, as payment extinguishes Miura's equitable interest and further accounting would constitute double recovery. Interest on costs runs from the date of judgment. The definition of 'Relevant Books of Account' is to be limited as per the court's direction.

Court Disposition

Orders made on consequential matters; account to end on satisfaction of damages; interest on costs to run from judgment; limited definition of 'Relevant Books of Account'.

Orders

  • SU to account to Miura for profits and income from 31 July 2020 until satisfaction of damages for the value of the business.
  • Interest on costs to run from 13 December 2024.