Triodos Bank NV v Ashley Charles Dobbs & Anor

Triodos Bank NV v Ashley Charles Dobbs & Anor

The Undertaking was the exclusive cause of the loss of the sale of the Shares to Mr Russell, and Mr Dobbs is liable under the cross-undertaking to pay damages assessed at the agreed sale price.

Parties
Claimant: Triodos Bank NV; Defendant: Ashley Charles Dobbs; Defendant: Acornvillages Limited; Claimant: Acorn Televillages Limited; Defendant: Nigel Morrison; Defendant: Michael Gerrard; Defendant: Receivers; Claimant: Ashley Dobbs
Jurisdiction
England and Wales
Judgment Date
08 February 2005
Procedural Posture
Application for Determination of Liability Under Cross Undertaking and Related Claims / Post Trial Inquiry Into Damages
Outcome
Damages awarded against Mr Dobbs under the cross-undertaking.
Legal Topics
Cross Undertaking in Damages, Appointment of Receivers, Sale of Shares, Mitigation of Loss, Breach of Contract
Commercial Law Contract Law Company Law Cross Undertaking in Damages Appointment of Receivers Sale of Shares Mitigation of Loss Breach of Contract

Case Brief

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Parties

Triodos Bank NV

Claimant

Ashley Charles Dobbs

Defendant

Acornvillages Limited

Defendant

Acorn Televillages Limited

Claimant

Nigel Morrison

Defendant

Michael Gerrard

Defendant

Receivers

Defendant

Ashley Dobbs

Claimant

Procedural Posture

Application for Determination of Liability Under Cross Undertaking and Related Claims / Post Trial Inquiry Into Damages

Legal Issues

  1. 1 Whether the Receivers suffered loss as a result of the Undertaking restraining sale of shares
  2. 2 Whether Mr Dobbs is liable under the cross-undertaking in damages
  3. 3 Whether the Receivers failed to mitigate their loss

Ratio Decidendi

The Undertaking was the exclusive cause of the loss of the sale of the Shares to Mr Russell, and Mr Dobbs is liable under the cross-undertaking to pay damages assessed at the agreed sale price.

Court Disposition

Damages awarded against Mr Dobbs under the cross-undertaking.

Orders

  • Mr Dobbs shall pay £33,501.79 plus interest from 1 September 2002 to the date of the order.