Ian Donal Parker v Dominique Masson & Ors

Ian Donal Parker v Dominique Masson & Ors

Permission to bring a derivative claim is refused because the liquidator is independent, understands her duties, is willing to investigate, and there is no strong evidence she will not perform her functions properly. The interests of creditors now come first, and the proper course is to allow the liquidator to carry out her duties.

Parties
Claimant: Ian Donal Parker; First Respondent: Dominique Masson; Second Respondent: Colin Bennett; Third Respondent: Cordial 4 Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2019
Procedural Posture
Derivative Claim Application / Application for Permission to Bring Derivative Claim
Outcome
Permission to bring derivative claim refused
Legal Topics
Derivative Claims, Directors' Duties, Liquidation, Fiduciary Duties
Company Law Insolvency Derivative Claims Directors' Duties Liquidation Fiduciary Duties

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Parties

Ian Donal Parker

Claimant

Dominique Masson

First Respondent

Colin Bennett

Second Respondent

Cordial 4 Limited

Third Respondent

Procedural Posture

Derivative Claim Application / Application for Permission to Bring Derivative Claim

Legal Issues

  1. 1 Whether permission should be granted to bring a derivative claim after the company has entered liquidation
  2. 2 Whether the liquidator is the proper party to pursue claims on behalf of the company
  3. 3 Whether the liquidation was part of a scheme to avoid liability

Ratio Decidendi

Permission to bring a derivative claim is refused because the liquidator is independent, understands her duties, is willing to investigate, and there is no strong evidence she will not perform her functions properly. The interests of creditors now come first, and the proper course is to allow the liquidator to carry out her duties.

Court Disposition

Permission to bring derivative claim refused

Orders

  • Application for permission to bring derivative claim dismissed
  • Liquidator to continue her duties and investigations