Thames Valley Housing Association Ltd & Anor v Elegant (Guernsey) Ltd & Ors [2011] EWHC 1288 (Ch) (24 May 2011)

Thames Valley Housing Association Ltd & Anor v Elegant (Guernsey) Ltd & Ors [2011] EWHC 1288 (Ch) (24 May 2011)

Mr Macpherson was found to be the directing mind and effective controller of Elegant (Guernsey) Ltd, orchestrating the acquisition, financing, and sale of the property. He procured Elegant's breach of contract with TVHA and was responsible for the failure to procure the release of the plots from the BOS charge....

Source-derived case information.

Citation
[2011] EWHC 1288 (Ch)
Parties
Claimant: Thames Valley Housing Association Ltd & Thames Valley Charitable Housing Association Ltd; Defendant: Elegant (Guernsey) Ltd; Second Defendant: Willmett Solicitor; Part 20 Defendant: Howard Macpherson
Jurisdiction
England and Wales
Judgment Date
24 May 2011
Procedural Posture
Civil / High Court Chancery Division Judgment After Trial
Outcome
Judgment for Willmett against Mr Macpherson
Legal Topics
Procuring Breach of Contract, Unlawful Means Conspiracy, Solicitor's Undertakings, Piercing the Corporate Veil, Contribution Between Tortfeasors, Disclosure Obligations
Contract Law Tort Law Property Law Company Law Procuring Breach of Contract Unlawful Means Conspiracy Solicitor's Undertakings Piercing the Corporate Veil +2 more

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Parties

Thames Valley Housing Association Ltd & Thames Valley Charitable Housing Association Ltd

Claimant

Elegant (Guernsey) Ltd

Defendant

Willmett Solicitor

Second Defendant

Howard Macpherson

Part 20 Defendant

Procedural Posture

Civil / High Court Chancery Division Judgment After Trial

Legal Issues

  1. 1 Was Mr Macpherson the directing mind of Elegant (Guernsey) Ltd?
  2. 2 Did Mr Macpherson procure or induce Elegant to breach its contract with TVHA?
  3. 3 Did Mr Macpherson and Elegant conspire to injure TVHA by unlawful means?

Ratio Decidendi

Mr Macpherson was found to be the directing mind and effective controller of Elegant (Guernsey) Ltd, orchestrating the acquisition, financing, and sale of the property. He procured Elegant's breach of contract with TVHA and was responsible for the failure to procure the release of the plots from the BOS charge. Willmett, having paid BOS to secure the release, was entitled to recover that sum from Mr Macpherson. The evidence, including Mr Macpherson's conduct, lack of disclosure, and failure to call key witnesses, supported the conclusion that he was personally liable for the breaches and resulting loss.

Court Disposition

Judgment for Willmett against Mr Macpherson

Orders

  • Mr Macpherson to pay Willmett the sum of £1,355,433.13
  • Interest and costs as appropriate