JCL ID Solutions Ltd v Williams & Ors

JCL ID Solutions Ltd v Williams & Ors

Mr Williams and Global are liable to account to the Company for the ICICI Bank payment, less £8,000 paid to Mr Dodshon, as the payment was diverted without authority and in breach of fiduciary duty. The Company is entitled to declaratory relief regarding fees from HBOS and Standard Bank, as the retainers and introductions were made before September 2007 when Mr Williams was acting for the Company. The claim for excessive drawings, loan, and credit card expenditure requires an account to determine sums due, as no 'eat what you kill' agreement existed and Mr Williams was entitled to equal remuneration as Mr Endacott.

Parties
Claimant: JCL ID Solutions Limited; First Defendant: Clint John Williams; Second Defendant: Global Identifying Solutions Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant in part; account to be taken; declaratory relief granted.
Legal Topics
Directors' Duties, Breach of Fiduciary Duty, Remuneration Disputes, Constructive Trust, Declaratory Relief, Loan to Director, Misapplication of Company Property
Company Law Fiduciary Duties Contract Law Directors' Duties Breach of Fiduciary Duty Remuneration Disputes Constructive Trust Declaratory Relief +2 more

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Parties

JCL ID Solutions Limited

Claimant

Clint John Williams

First Defendant

Global Identifying Solutions Limited

Second Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Williams and Global are liable for the diversion of the ICICI Bank payment
  2. 2 Whether Mr Williams is liable to repay a £19,500 loan to the Company
  3. 3 Whether Mr Williams is liable for excessive drawings and credit card expenditure

Ratio Decidendi

Mr Williams and Global are liable to account to the Company for the ICICI Bank payment, less £8,000 paid to Mr Dodshon, as the payment was diverted without authority and in breach of fiduciary duty. The Company is entitled to declaratory relief regarding fees from HBOS and Standard Bank, as the retainers and introductions were made before September 2007 when Mr Williams was acting for the Company. The claim for excessive drawings, loan, and credit card expenditure requires an account to determine sums due, as no 'eat what you kill' agreement existed and Mr Williams was entitled to equal remuneration as Mr Endacott.

Court Disposition

Judgment for the Claimant in part; account to be taken; declaratory relief granted.

Orders

  • Judgment against Mr Williams and Global for the ICICI Bank payment less £8,000 paid to Mr Dodshon.
  • Declaratory relief granted in respect of HBOS and Standard Bank fees.