Taylor Goodchild Ltd v Taylor & Anor

Taylor Goodchild Ltd v Taylor & Anor

The DLA Claim is not an abuse of process and is not barred by res judicata or estoppel; it raises triable issues and must proceed. The WIP Claim and Account of Profits Claim could and should have been raised in the earlier Petition and their pursuit now constitutes an abuse of process under the Henderson v Henderson principle; they are struck out.

Parties
Claimant/respondent: Taylor Goodchild Limited; Defendant/applicant: Scott Taylor; Defendant/applicant: Scott Taylor Law Limited
Jurisdiction
England and Wales
Judgment Date
24 July 2020
Procedural Posture
Civil (company Law) / Application to Strike Out And/or for Summary Judgment
Outcome
Application allowed in part; DLA Claim proceeds, WIP and Account of Profits Claims struck out.
Legal Topics
Res Judicata, Abuse of Process, Director's Duties, Unfair Prejudice, Summary Judgment, Shareholder Disputes
Company Law Civil Procedure Res Judicata Abuse of Process Director's Duties Unfair Prejudice Summary Judgment Shareholder Disputes

Case Brief

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Parties

Taylor Goodchild Limited

Claimant/respondent

Scott Taylor

Defendant/applicant

Scott Taylor Law Limited

Defendant/applicant

Procedural Posture

Civil (company Law) / Application to Strike Out And/or for Summary Judgment

Legal Issues

  1. 1 Whether the claims by the Company are barred by res judicata or are an abuse of process under the Henderson v Henderson principle
  2. 2 Whether the DLA Claim should be summarily dismissed for having no real prospect of success
  3. 3 Whether the WIP Claim and Account of Profits Claim are barred or abusive

Ratio Decidendi

The DLA Claim is not an abuse of process and is not barred by res judicata or estoppel; it raises triable issues and must proceed. The WIP Claim and Account of Profits Claim could and should have been raised in the earlier Petition and their pursuit now constitutes an abuse of process under the Henderson v Henderson principle; they are struck out.

Court Disposition

Application allowed in part; DLA Claim proceeds, WIP and Account of Profits Claims struck out.

Orders

  • The WIP Claim and Account of Profits Claim are struck out as an abuse of process.
  • The DLA Claim is not struck out and may proceed to trial.