Brent London Borough Council v Davies & Ors [2018] EWHC 3129 (Ch) (15 November 2018)

Brent London Borough Council v Davies & Ors [2018] EWHC 3129 (Ch) (15 November 2018)

Recovery for unconscionable receipt is limited to the net sum actually received by the defendant after deduction of PAYE and NI contributions, as actual receipt is required for liability; pre-judgment interest is payable for the whole period except for a two-year period of unjustified delay as to the fifth and sixth defendants; costs are apportioned to reflect the parties' relative success; permission to appeal is refused as no real prospect of success is shown.

Citation
[2018] EWHC 3129 (Ch)
Parties
Claimant: Brent London Borough Council; First Defendant: Alan Davies; Second Defendant: Dr Richard Evans; Third Defendant: Columbus Udokoro; Fourth Defendant: Michele McKenzie (formerly Bishop); Fifth Defendant: Dr Indravadan Patel; Sixth Defendant: Martin Day
Jurisdiction
England and Wales
Judgment Date
15 November 2018
Procedural Posture
Civil / Post Judgment Consequential Matters
Outcome
Orders made on consequential matters; permission to appeal refused; stay of execution granted pending application for permission to appeal.
Legal Topics
Unconscionable Receipt, Breach of Fiduciary Duty, Misfeasance in Public Office, Conspiracy, Costs, Pre Judgment Interest
Equity Trusts Civil Procedure Unconscionable Receipt Breach of Fiduciary Duty Misfeasance in Public Office Conspiracy Costs +1 more

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Parties

Brent London Borough Council

Claimant

Alan Davies

First Defendant

Dr Richard Evans

Second Defendant

Columbus Udokoro

Third Defendant

Michele McKenzie (formerly Bishop)

Fourth Defendant

Dr Indravadan Patel

Fifth Defendant

Martin Day

Sixth Defendant

Procedural Posture

Civil / Post Judgment Consequential Matters

Legal Issues

  1. 1 Whether recovery for unconscionable receipt is limited to net sums received after PAYE and NI deductions
  2. 2 Appropriate period for pre-judgment interest
  3. 3 Allocation of costs between parties

Ratio Decidendi

Recovery for unconscionable receipt is limited to the net sum actually received by the defendant after deduction of PAYE and NI contributions, as actual receipt is required for liability; pre-judgment interest is payable for the whole period except for a two-year period of unjustified delay as to the fifth and sixth defendants; costs are apportioned to reflect the parties' relative success; permission to appeal is refused as no real prospect of success is shown.

Court Disposition

Orders made on consequential matters; permission to appeal refused; stay of execution granted pending application for permission to appeal.

Orders

  • Defendants liable for net sums only on unconscionable receipt claims (net of PAYE and NI)
  • Interest at 1% above base rate for full period except for two-year period excluded for fifth and sixth defendants