Burnden Holdings (UK) Ltd v Fielding & Anor

Burnden Holdings (UK) Ltd v Fielding & Anor

Section 21(1)(b) of the Limitation Act 1980 applies to the claim as the directors indirectly received trust property via controlled companies, so no limitation period applies. Alternatively, the question of whether section 32 postpones limitation cannot be determined summarily and requires trial of factual issues.

Parties
Appellant/claimant: Burnden Holdings (UK) Limited (in liquidation); Respondent/defendant: Gary John Fielding; Respondent/defendant: Sally Anne Fielding
Jurisdiction
England and Wales
Judgment Date
17 June 2016
Procedural Posture
Civil Appeal / Appeal From Summary Judgment (limitation)
Outcome
appeal allowed
Legal Topics
Director Fiduciary Duties, Unlawful Distribution, Limitation Periods, Breach of Trust, Account of Profits, Equitable Compensation
Company Law Insolvency Law Trusts Law Director Fiduciary Duties Unlawful Distribution Limitation Periods Breach of Trust Account of Profits +1 more

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Parties

Burnden Holdings (UK) Limited (in liquidation)

Appellant/claimant

Gary John Fielding

Respondent/defendant

Sally Anne Fielding

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From Summary Judgment (limitation)

Legal Issues

  1. 1 Whether the claim against directors for breach of duty is time-barred under the Limitation Act 1980
  2. 2 Whether section 21(1)(b) of the Limitation Act 1980 applies to indirect receipt of trust property via controlled companies
  3. 3 Whether section 32 of the Limitation Act 1980 postpones limitation due to deliberate concealment or breach of duty

Ratio Decidendi

Section 21(1)(b) of the Limitation Act 1980 applies to the claim as the directors indirectly received trust property via controlled companies, so no limitation period applies. Alternatively, the question of whether section 32 postpones limitation cannot be determined summarily and requires trial of factual issues.

Court Disposition

appeal allowed

Orders

  • Summary judgment set aside
  • Case remitted for case management conference and directions