Training For Tomorrow (Holdings) Ltd v The Corporate Services Group Plc [2000] EWHC 216 (Comm) (28 February 2000)

Training For Tomorrow (Holdings) Ltd v The Corporate Services Group Plc [2000] EWHC 216 (Comm) (28 February 2000)

CSG has pleaded a sufficient and realistic case on lack of actual authority, illegality, and constructive trust to justify a trial; the applications to strike out the defence and counterclaim or for summary judgment are dismissed.

Citation
[2000] EWHC 216 (Comm)
Parties
Claimant: TFT; Defendant: CSG
Jurisdiction
England and Wales
Judgment Date
28 February 2000
Procedural Posture
Civil / Interlocutory Applications (strike Out and Summary Judgment)
Outcome
Applications dismissed
Legal Topics
Directors' Authority, Illegality of Contract, Constructive Trust, Fiduciary Duty, False Accounting, Summary Judgment, Strike Out Applications
Company Law Contract Law Equity Directors' Authority Illegality of Contract Constructive Trust Fiduciary Duty False Accounting +2 more

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Parties

TFT

Claimant

CSG

Defendant

Procedural Posture

Civil / Interlocutory Applications (strike Out and Summary Judgment)

Legal Issues

  1. 1 Whether the directors of CSG had actual authority to enter into the sale agreement given the alleged improper purpose
  2. 2 Whether the sale agreement and side letters are illegal and unenforceable due to alleged intention to deceive auditors and shareholders
  3. 3 Whether TFT and Mr Shopland knowingly assisted in breaches of fiduciary duty by CSG's directors

Ratio Decidendi

CSG has pleaded a sufficient and realistic case on lack of actual authority, illegality, and constructive trust to justify a trial; the applications to strike out the defence and counterclaim or for summary judgment are dismissed.

Court Disposition

Applications dismissed

Orders

  • Claimant's applications to strike out the defence and counterclaim or for summary judgment are dismissed.