Executive Authority for Air Cargo and Special Flights v Prime Education Ltd & Ors [2023] EWHC 1634 (KB) (30 June 2023)

Executive Authority for Air Cargo and Special Flights v Prime Education Ltd & Ors [2023] EWHC 1634 (KB) (30 June 2023)

Mr and Mrs Sekerci knowingly induced and assisted Prime Education's breach of contract and fiduciary duty by transferring EACS funds to PE Turkey and investing in Turkish property, contrary to the Amended Agreement. Their actions exposed EACS to risk, were not authorised, and constituted dishonest assistance and...

Source-derived case information.

Citation
[2023] EWHC 1634 (KB)
Parties
Claimant: Executive Authority for Air Cargo and Special Flights; First Defendant: Prime Education Limited (In Liquidation); Second Defendant: Tevfik Sekerci; Third Defendant: Sera Jane Sekerci; Fourth Defendant: Prime Education Havacilik Limited Sitketi; Fifth Defendant: York Property Suites Limited (Dissolved)
Jurisdiction
England and Wales
Judgment Date
30 June 2023
Procedural Posture
Commercial Contract and Fiduciary Breach Claim / Final Judgment After Trial
Outcome
Judgment for claimant against Mr and Mrs Sekerci and PE Turkey for breach of contract, dishonest assistance, and conspiracy.
Legal Topics
Inducing Breach of Contract, Dishonest Assistance, Fiduciary Duty, Unlawful Means Conspiracy, Quantum of Damages
Contract Law Equity Company Law Civil Procedure Inducing Breach of Contract Dishonest Assistance Fiduciary Duty Unlawful Means Conspiracy +1 more

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Parties

Executive Authority for Air Cargo and Special Flights

Claimant

Prime Education Limited (In Liquidation)

First Defendant

Tevfik Sekerci

Second Defendant

Sera Jane Sekerci

Third Defendant

Prime Education Havacilik Limited Sitketi

Fourth Defendant

York Property Suites Limited (Dissolved)

Fifth Defendant

Procedural Posture

Commercial Contract and Fiduciary Breach Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mr and/or Mrs Sekerci induced breach of contract by Prime Education under the Amended Agreement
  2. 2 Whether Mr and/or Mrs Sekerci dishonestly assisted breach of fiduciary duty by Prime Education
  3. 3 Whether Mr and Mrs Sekerci and/or PE Turkey engaged in unlawful means conspiracy to injure EACS

Ratio Decidendi

Mr and Mrs Sekerci knowingly induced and assisted Prime Education's breach of contract and fiduciary duty by transferring EACS funds to PE Turkey and investing in Turkish property, contrary to the Amended Agreement. Their actions exposed EACS to risk, were not authorised, and constituted dishonest assistance and unlawful means conspiracy. EACS is entitled to recover the sums transferred, less credits, plus interest.

Court Disposition

Judgment for claimant against Mr and Mrs Sekerci and PE Turkey for breach of contract, dishonest assistance, and conspiracy.

Orders

  • Mr and Mrs Sekerci and PE Turkey to pay €13,349,788.74 and £1,871,560, less £400,706.63 credit, plus interest.
  • Stay of claims against York Property Suites Limited due to dissolution.