Sattar v Sattar & Anor

Sattar v Sattar & Anor

Clause 5 of the Agreement gave Naeem Sattar authority to engage corporate advisers on behalf of the Company, including agreeing reasonable terms for their engagement and payment. The Company and Bashir Sattar were obliged to provide management information to Naeem and the advisers. The Company was required to set Naeem's loan account balance to nil as at 6 February 2008 and not to debit the £250,000 payment under clause 7 to his account; the payment was to be treated as made by Bashir personally, not as a loan to Naeem.

Parties
Claimant: Naeem Sattar; First Defendant: Bashir Sattar; Second Defendant: Strangewood Limited
Jurisdiction
England and Wales
Judgment Date
20 February 2009
Procedural Posture
Civil / Post Settlement Enforcement Application
Outcome
Judgment for the Claimant on all points for decision.
Legal Topics
Interpretation of Settlement Agreements, Authority of Agents, Company Management, Loan Account Adjustments, Enforcement of Tomlin Orders
Contract Law Company Law Interpretation of Settlement Agreements Authority of Agents Company Management Loan Account Adjustments Enforcement of Tomlin Orders

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Parties

Naeem Sattar

Claimant

Bashir Sattar

First Defendant

Strangewood Limited

Second Defendant

Procedural Posture

Civil / Post Settlement Enforcement Application

Legal Issues

  1. 1 Whether Naeem Sattar had authority to engage corporate advisers on behalf of the Company under the settlement agreement
  2. 2 Whether Bashir Sattar and the Company were obliged to provide management information to the corporate advisers and Naeem
  3. 3 Proper accounting treatment of the £250,000 payment under clause 7 of the Agreement

Ratio Decidendi

Clause 5 of the Agreement gave Naeem Sattar authority to engage corporate advisers on behalf of the Company, including agreeing reasonable terms for their engagement and payment. The Company and Bashir Sattar were obliged to provide management information to Naeem and the advisers. The Company was required to set Naeem's loan account balance to nil as at 6 February 2008 and not to debit the £250,000 payment under clause 7 to his account; the payment was to be treated as made by Bashir personally, not as a loan to Naeem.

Court Disposition

Judgment for the Claimant on all points for decision.

Orders

  • Naeem Sattar had authority to engage Mazars as corporate advisers for the Company under clause 5 of the Agreement.
  • Bashir Sattar must procure the Company to provide all management information requested by Mazars and Naeem.