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 contract with Xclusive, knowing or being reckless as to the truth of their ability to supply Olympic tickets. The evidence established fraudulent misrepresentation and conspiracy to injure by unlawful means. Mr Shepherd was involved in management while disqualified, and Mr van Meel acted on instructions from a disqualified person, rendering them personally liable under s.15 CDDA.

Citation
[2010] EWHC 451 (QB)
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 (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.
Legal Topics
Fraudulent Misrepresentation, Conspiracy to Injure by Unlawful Means, Personal Liability for Company Debts, Company Directors Disqualification, Credit Card Processing Agreements
Commercial Law Tort Law Company Law Fraudulent Misrepresentation Conspiracy to Injure by Unlawful Means Personal Liability for Company Debts Company Directors Disqualification Credit Card Processing Agreements

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 (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 s.15 Company Directors Disqualification Act 1986

Ratio Decidendi

The Defendants, by their conduct and representations, induced the Claimants to contract with Xclusive, knowing or being reckless as to the truth of their ability to supply Olympic tickets. The evidence established fraudulent misrepresentation and conspiracy to injure by unlawful means. Mr Shepherd was involved in management while disqualified, and Mr van Meel acted on instructions from a disqualified person, rendering them personally liable under s.15 CDDA.

Court Disposition

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

Orders

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