Carr & Ors v Formation Group Plc & Ors

Carr & Ors v Formation Group Plc & Ors

The claims for dishonest assistance, joint tortfeasor liability, and conspiracy were not stated in the 2015 claim form and only appeared in the particulars of claim served in 2018. As Mr Short discovered the relevant wrongdoing in 2010, these claims are statute barred and must be dismissed. The only claim surviving is for unconscionable receipt, which was accepted as being within the 2015 claim form.

Parties
Claimants: David Hugh Carr and others; First Defendant: Formation Group PLC; Second Defendant: Ian Battersby; Third Defendant: Formation Asset Management Limited (in Liquidation); Fourth Defendant: David McKee; Fifth Defendant: Kevin Patrick McMenamin; Sixth Defendant: Paul Stretford; Seventh Defendant: George Stuart Urquhart
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Civil / Interlocutory Application (strike Out/summary Judgment on Limitation Grounds)
Outcome
Application granted in part; claims for dishonest assistance, joint tortfeasor liability, and conspiracy dismissed as statute barred; claim for unconscionable receipt survives.
Legal Topics
Limitation of Actions, Dishonest Assistance, Knowing Receipt, Unlawful Means Conspiracy, Joint Tortfeasor Liability
Civil Procedure Trusts and Equity Tort Limitation of Actions Dishonest Assistance Knowing Receipt Unlawful Means Conspiracy Joint Tortfeasor Liability

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Parties

David Hugh Carr and others

Claimants

Formation Group PLC

First Defendant

Ian Battersby

Second Defendant

Formation Asset Management Limited (in Liquidation)

Third Defendant

David McKee

Fourth Defendant

Kevin Patrick McMenamin

Fifth Defendant

Paul Stretford

Sixth Defendant

George Stuart Urquhart

Seventh Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out/summary Judgment on Limitation Grounds)

Legal Issues

  1. 1 Whether claims for dishonest assistance, joint tortfeasor liability, and conspiracy were statute barred
  2. 2 Whether the 2015 claim form contained a concise statement of the nature of these claims for limitation purposes

Ratio Decidendi

The claims for dishonest assistance, joint tortfeasor liability, and conspiracy were not stated in the 2015 claim form and only appeared in the particulars of claim served in 2018. As Mr Short discovered the relevant wrongdoing in 2010, these claims are statute barred and must be dismissed. The only claim surviving is for unconscionable receipt, which was accepted as being within the 2015 claim form.

Court Disposition

Application granted in part; claims for dishonest assistance, joint tortfeasor liability, and conspiracy dismissed as statute barred; claim for unconscionable receipt survives.

Orders

  • Claims for dishonest assistance, joint tortfeasor liability, and conspiracy by Mr Short against the First Defendant are dismissed as statute barred.
  • Claim for unconscionable receipt against the First Defendant survives.