SPL Private Finance (PF2) IC Ltd & 5 Ors v Farrell [2015] EWCA Civ 1004 (06 October 2015)

SPL Private Finance (PF2) IC Ltd & 5 Ors v Farrell [2015] EWCA Civ 1004 (06 October 2015)

The judge's findings that Arch owed fiduciary duties, that Mr Farrell dishonestly assisted breaches of those duties, and that the waiver agreement did not bar the claim were properly reasoned and supported by evidence; there was no real prospect of success in the proposed appeal.

Citation
[2015] EWCA Civ 1004
Parties
Claimants/respondents: SPL Private Finance (PF2) IC Limited & 5 Others; Defendant/appellant: Robin Farrell
Jurisdiction
England and Wales
Judgment Date
06 October 2015
Procedural Posture
Application for Permission to Appeal / Court of Appeal, Post Judgment
Outcome
Permission to appeal refused; application dismissed.
Legal Topics
Dishonest Assistance, Breach of Fiduciary Duty, Waiver Agreements, Conflict of Interest, Fraud, Inducement of Breach of Contract
Commercial Law Fiduciary Duties Investment Management Dishonest Assistance Breach of Fiduciary Duty Waiver Agreements Conflict of Interest Fraud +1 more

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Parties

SPL Private Finance (PF2) IC Limited & 5 Others

Claimants/respondents

Robin Farrell

Defendant/appellant

Procedural Posture

Application for Permission to Appeal / Court of Appeal, Post Judgment

Legal Issues

  1. 1 Whether Arch owed fiduciary duties to the claimants
  2. 2 Whether findings of dishonest assistance against Mr Farrell were justified
  3. 3 Whether claimants expressly consented to the transaction

Ratio Decidendi

The judge's findings that Arch owed fiduciary duties, that Mr Farrell dishonestly assisted breaches of those duties, and that the waiver agreement did not bar the claim were properly reasoned and supported by evidence; there was no real prospect of success in the proposed appeal.

Court Disposition

Permission to appeal refused; application dismissed.

Orders

  • Application for permission to appeal dismissed.
  • Stay on payment orders against Mr Farrell lifted.