Wirecard Bank Ag & Anor v Scott & Ors [2010] EWHC 451 (QB) (10 March 2010)

Wirecard Bank Ag & Anor v Scott & Ors [2010] EWHC 451 (QB) (10 March 2010)

The Defendants, by their conduct and representations, induced the Claimants to enter into the credit card processing agreement with Xclusive, knowing or being reckless as to the truth of their ability to supply Olympic tickets. The evidence establishes that the Defendants participated in a conspiracy to injure the Claimants by unlawful means, including deceit and breaches of statutory duty. Mr Shepherd was involved in management while disqualified, and Mr van Meel and Mr Scott knew and acted on his instructions, rendering them personally liable for company debts under CDDA s.15. Judgment on liability is entered against Mr Scott, and the claims against Mr van Meel and Mr Shepherd are...

Citation
[2010] EWHC 451
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 (high Court, Queen's Bench Division) / Liability Trial (quantum to Be Determined Separately)
Outcome
Judgment for the Claimants on liability against all Defendants; quantum to be determined in separate proceedings.
Legal Topics
Fraudulent Misrepresentation, Conspiracy to Injure by Unlawful Means, Personal Liability Under Company Directors Disqualification Act 1986 S.15, Credit Card Processing Agreements, Secondary Ticketing Market
Commercial Law Tort Law Company Law Fraudulent Misrepresentation Conspiracy to Injure by Unlawful Means Personal Liability Under Company Directors Disqualification Act 1986 S.15 Credit Card Processing Agreements Secondary Ticketing Market

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 (high Court, Queen's Bench Division) / Liability Trial (quantum to Be Determined Separately)

Legal Issues

  1. 1 Whether the Defendants made fraudulent misrepresentations inducing the Claimants to contract
  2. 2 Whether the Defendants conspired to injure the Claimants by unlawful means
  3. 3 Whether the Defendants are personally liable for company debts under CDDA s.15

Ratio Decidendi

The Defendants, by their conduct and representations, induced the Claimants to enter into the credit card processing agreement with Xclusive, knowing or being reckless as to the truth of their ability to supply Olympic tickets. The evidence establishes that the Defendants participated in a conspiracy to injure the Claimants by unlawful means, including deceit and breaches of statutory duty. Mr Shepherd was involved in management while disqualified, and Mr van Meel and Mr Scott knew and acted on his instructions, rendering them personally liable for company debts under CDDA s.15. Judgment on liability is entered against Mr Scott, and the claims against Mr van Meel and Mr Shepherd are...

Court Disposition

Judgment for the Claimants on liability against all Defendants; quantum to be determined in separate proceedings.

Orders

  • Judgment on liability against Allen Thomas Scott, Gerardus Petrus Paulus van Meel, and Terence Shepherd.
  • Quantum of damages to be determined in subsequent proceedings.