Barrowfen Properties Ltd v Patel & Ors [2020] EWHC 1145 (Ch) (14 May 2020)

Barrowfen Properties Ltd v Patel & Ors [2020] EWHC 1145 (Ch) (14 May 2020)

The claim against Stevens & Bolton LLP based on alleged misrepresentations in the 4 December 2015 letter is struck out as not amounting to actionable deceit or fraud, but the claim based on statements made at the 9 December 2015 meeting is sufficiently particularised and plausible to go to trial on all three grounds (dishonest assistance, deceit, unlawful means conspiracy).

Citation
[2020] EWHC 1145 (Ch)
Parties
Claimant: Barrowfen Properties Limited; First Defendant: Girish Dahyabhai Patel; Second Defendant: Stevens & Bolton LLP; Third Defendant: Barrowfen Properties II Limited
Jurisdiction
England and Wales
Judgment Date
14 May 2020
Procedural Posture
Strike Out Application (interim Judgment) / Interlocutory (pre Trial)
Outcome
Application to strike out partially allowed and partially dismissed.
Legal Topics
Dishonest Assistance, Deceit, Unlawful Means Conspiracy, Fiduciary Duties, Directors' Duties, Conflict of Interest, Strike Out Applications, Pleading Fraud, Solicitors' Duties
Commercial Law Company Law Equity and Trusts Civil Procedure Dishonest Assistance Deceit Unlawful Means Conspiracy Fiduciary Duties +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Barrowfen Properties Limited

Claimant

Girish Dahyabhai Patel

First Defendant

Stevens & Bolton LLP

Second Defendant

Barrowfen Properties II Limited

Third Defendant

Procedural Posture

Strike Out Application (interim Judgment) / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the claims against Stevens & Bolton LLP for dishonest assistance, deceit, and unlawful means conspiracy should be struck out for lack of a reasonable inference of dishonesty or fraud.
  2. 2 Whether the statements made by Stevens & Bolton LLP in the 4 December 2015 letter and at the 9 December 2015 meeting amounted to actionable misrepresentations or deceit.
  3. 3 Whether the pleaded case sufficiently particularises fraud/dishonesty to go to trial.

Ratio Decidendi

The claim against Stevens & Bolton LLP based on alleged misrepresentations in the 4 December 2015 letter is struck out as not amounting to actionable deceit or fraud, but the claim based on statements made at the 9 December 2015 meeting is sufficiently particularised and plausible to go to trial on all three grounds (dishonest assistance, deceit, unlawful means conspiracy).

Court Disposition

Application to strike out partially allowed and partially dismissed.

Orders

  • Claim based on the 4 December 2015 letter struck out.
  • Claim based on the 9 December 2015 meeting allowed to proceed to trial on all three grounds (dishonest assistance, deceit, unlawful means conspiracy).