Popely & Anor v Popely & Ors

Popely & Anor v Popely & Ors

Transitional provisions allowed Deputy Master Lloyd to hear the application; Casterbridge was under Ronald's control at the relevant time; in absence of evidence, St Vincent law presumed same as English law; special circumstances justified trust derivative action; discretion properly exercised; appeal dismissed.

Parties
Claimant/respondent: John Anthony Popely; Claimant/respondent: Andrew Popely; Defendant/appellant: Ronald Albert Popely; Defendant: Cosmos Trust Limited; Defendant/appellant: Casterbridge Properties Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Appeal / Judgment on Appeal From Deputy Master Lloyd's Decision
Outcome
Appeal dismissed
Legal Topics
Derivative Actions, Double Derivative Claims, Jurisdiction, Trust Beneficiaries, Foreign Company Law
Civil Procedure Company Law Trusts Law Derivative Actions Double Derivative Claims Jurisdiction Trust Beneficiaries Foreign Company Law

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Parties

John Anthony Popely

Claimant/respondent

Andrew Popely

Claimant/respondent

Ronald Albert Popely

Defendant/appellant

Cosmos Trust Limited

Defendant

Casterbridge Properties Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Deputy Master Lloyd's Decision

Legal Issues

  1. 1 Whether Deputy Master Lloyd had jurisdiction to grant permission for a derivative action
  2. 2 Whether wrongdoer control justified a derivative claim
  3. 3 Whether English court could grant permission for derivative action involving a foreign company

Ratio Decidendi

Transitional provisions allowed Deputy Master Lloyd to hear the application; Casterbridge was under Ronald's control at the relevant time; in absence of evidence, St Vincent law presumed same as English law; special circumstances justified trust derivative action; discretion properly exercised; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claimants permitted to continue claim as a derivative action against Ronald for benefit of Casterbridge
  • Representation order granted for John Jnr and Andrew as representatives of Blue Ridge Trust beneficiaries