Hague & Anor v David Hague & Ors [2024] EWHC 1469 (Ch) (03 June 2024)

Hague & Anor v David Hague & Ors [2024] EWHC 1469 (Ch) (03 June 2024)

The allegations of dishonesty regarding cash payments and acting contrary to legal advice are not sufficiently particularised and cannot be pursued at trial. The allegation of breach of section 172 duty is sufficiently pleaded and may proceed.

Citation
[2024] EWHC 1469 (Ch)
Parties
Petitioner: Mr Martin Hague; Petitioner: Mrs Jean Hague; First Respondent: Mr David Hague; Second Respondent: Ms Dianne Hague; Third Respondent: Hague Plant Limited
Jurisdiction
England and Wales
Judgment Date
03 June 2024
Procedural Posture
Unfair Prejudice Petition Under Companies Act 2006 / Interlocutory Application at Start of Trial
Outcome
Application granted in part, refused in part.
Legal Topics
Unfair Prejudice, Director Duties, Pleading Requirements, Section 172 Companies Act 2006
Company Law Insolvency Unfair Prejudice Director Duties Pleading Requirements Section 172 Companies Act 2006

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Parties

Mr Martin Hague

Petitioner

Mrs Jean Hague

Petitioner

Mr David Hague

First Respondent

Ms Dianne Hague

Second Respondent

Hague Plant Limited

Third Respondent

Procedural Posture

Unfair Prejudice Petition Under Companies Act 2006 / Interlocutory Application at Start of Trial

Legal Issues

  1. 1 Whether allegations of dishonesty and acting contrary to legal advice are sufficiently pleaded to be pursued at trial
  2. 2 Whether the pleading of breach of section 172 duty is sufficiently particularised

Ratio Decidendi

The allegations of dishonesty regarding cash payments and acting contrary to legal advice are not sufficiently particularised and cannot be pursued at trial. The allegation of breach of section 172 duty is sufficiently pleaded and may proceed.

Court Disposition

Application granted in part, refused in part.

Orders

  • Petitioners are precluded from pursuing allegations of dishonesty regarding cash payments and acting contrary to legal advice, except as specifically pleaded.
  • Petitioners may pursue the allegation of breach of section 172 duty as currently pleaded.