Wirecard Bank Ag & Anor v Scott & Ors

Wirecard Bank Ag & Anor v Scott & Ors

The defendants, Shepherd and van Meel, managed Xclusive and conspired to defraud the claimants by selling Olympic tickets they never intended to supply, made fraudulent misrepresentations, and are personally liable for company debts under CDDA s.15 due to management while Shepherd was disqualified. Scott's defence was struck out and judgment entered against him.

Parties
Claimant: Wirecard Bank AG; Claimant: Wirecard Technologies AG; Defendant: Allen Thomas Scott; Defendant: Gerardus Petrus Paulus van Meel; Defendant: Terence Shepherd
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Civil / Judgment on Liability
Outcome
Judgment for claimants on liability against all defendants
Legal Topics
Deceit, Conspiracy to Defraud, Personal Liability Under Company Directors Disqualification Act, Misrepresentation, Management While Disqualified
Tort Company Law Fraud Deceit Conspiracy to Defraud Personal Liability Under Company Directors Disqualification Act Misrepresentation Management While Disqualified

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Parties

Wirecard Bank AG

Claimant

Wirecard Technologies AG

Claimant

Allen Thomas Scott

Defendant

Gerardus Petrus Paulus van Meel

Defendant

Terence Shepherd

Defendant

Procedural Posture

Civil / Judgment on Liability

Legal Issues

  1. 1 Whether defendants conspired to defraud claimants by selling tickets they never intended to supply
  2. 2 Whether defendants made fraudulent misrepresentations to induce claimants to enter contract
  3. 3 Whether defendants are personally liable for company debts under CDDA s.15

Ratio Decidendi

The defendants, Shepherd and van Meel, managed Xclusive and conspired to defraud the claimants by selling Olympic tickets they never intended to supply, made fraudulent misrepresentations, and are personally liable for company debts under CDDA s.15 due to management while Shepherd was disqualified. Scott's defence was struck out and judgment entered against him.

Court Disposition

Judgment for claimants on liability against all defendants

Orders

  • Judgment entered against all three defendants on liability for conspiracy, deceit, and CDDA s.15
  • Quantum to be determined separately