Fern Advisers Ltd v Burford & Ors

Fern Advisers Ltd v Burford & Ors

Mr Burford, as director, misappropriated company funds in breach of fiduciary duty and trust. His defences and counterclaims are fanciful, unsupported by contemporaneous documents, and legally untenable. There is no real prospect of defending the claim or establishing set-off or counterclaim. Summary judgment is appropriate.

Parties
Claimant: Fern Advisers Limited; 1st Defendant: Adrian Burford; 2nd Defendant: Amber Kennard; 3rd Defendant: Westover Medical Limited; 4th Defendant: Sushinho City Limited; 5th Defendant: Hedgerow Management Limited
Jurisdiction
England and Wales
Judgment Date
01 April 2014
Procedural Posture
Civil (company/commercial) / Summary Judgment Application
Outcome
Summary judgment for the claimant
Legal Topics
Directors' Duties, Breach of Trust, Fraud, Summary Judgment, Tracing, Constructive Trust, Set Off and Counterclaim
Company Law Equity and Trusts Civil Procedure Directors' Duties Breach of Trust Fraud Summary Judgment Tracing +2 more

Case Brief

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Parties

Fern Advisers Limited

Claimant

Adrian Burford

1st Defendant

Amber Kennard

2nd Defendant

Westover Medical Limited

3rd Defendant

Sushinho City Limited

4th Defendant

Hedgerow Management Limited

5th Defendant

Procedural Posture

Civil (company/commercial) / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant director misappropriated company funds and is liable to restore them
  2. 2 Whether the defendant has a real prospect of defending the claim or advancing a counterclaim
  3. 3 Whether alleged loans and credits to the defendant or associated companies were genuine

Ratio Decidendi

Mr Burford, as director, misappropriated company funds in breach of fiduciary duty and trust. His defences and counterclaims are fanciful, unsupported by contemporaneous documents, and legally untenable. There is no real prospect of defending the claim or establishing set-off or counterclaim. Summary judgment is appropriate.

Court Disposition

Summary judgment for the claimant

Orders

  • Mr Burford is liable to restore misappropriated funds to Fern Advisers Limited; proprietary remedy (equitable charge) over Broadwell Manor proceeds to be applied; minor items to be determined at hand down of judgment; further directions to be given at next hearing.