Brent London Borough Council v Davies & Ors

Brent London Borough Council v Davies & Ors

Only the net sums actually received by the second, third, and fourth defendants (after PAYE and NI deductions) are recoverable for unconscionable receipt. Interest is payable for the entire period except for a two-year period of unjustified delay as against the fifth and sixth defendants. Costs are apportioned to reflect the parties' relative success. Permission to appeal is refused.

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 on consequential matters following main judgment; 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, Interest, Limitation
Equity and Trusts Civil Procedure Employment Law Unconscionable Receipt Breach of Fiduciary Duty Misfeasance in Public Office Conspiracy Costs +2 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

Only the net sums actually received by the second, third, and fourth defendants (after PAYE and NI deductions) are recoverable for unconscionable receipt. Interest is payable for the entire period except for a two-year period of unjustified delay as against the fifth and sixth defendants. Costs are apportioned to reflect the parties' relative success. Permission to appeal is refused.

Court Disposition

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

Orders

  • Only net sums (after PAYE and NI) recoverable from second, third, and fourth defendants for unconscionable receipt.
  • Interest payable at 1% above base rate for the whole period except for a two-year period excluded for fifth and sixth defendants.