Carr v Formation Group Plc & Ors

Carr v Formation Group Plc & Ors

Permission to adduce expert evidence on market practice and regulatory requirements is granted only insofar as it is relevant to the defendants' honest belief in the lawfulness of their conduct for the purposes of defending allegations of conspiracy to injure by unlawful means and limitation under section 32(2) of the Limitation Act 1980. Such evidence is not admissible to determine the objective standard of dishonesty, which is set by the court.

Parties
Claimant: David Hugh Carr; Claimant: Andrew Alexander Cole; Claimant: John Charles Keyworth Curtis; Claimant: Sean Davis; Claimant: Robert James Elliott; Claimant: Neil Shaka Hislop; Claimant: John Stephen Hughes; Claimant: Denis Joseph Irwin; Claimant: Thomas Johnson; Claimant: Zatyiah Knight; Claimant: Daniel Ben Murphy; Claimant: Ian Anthony Pearce; Claimant: Robert William Savage; Claimant: Jonathan Craig Short; Claimant: James Anthony Smith; Claimant: Gary Teale; Claimant: Antony Vidmar; Defendant: Formation Group PLC; Defendant: Ian Battersby; Defendant: Formation Asset Management Limited (in Liquidation); Defendant: David McKee; Defendant: Kevin Patrick McMenamin; Defendant: Paul Stretford; Defendant: George Stuart Urquhart
Jurisdiction
England and Wales
Judgment Date
19 November 2018
Procedural Posture
Civil / Interlocutory Application (case Management Conference) on Permission to Adduce Expert Evidence
Outcome
Application granted in part
Legal Topics
Fiduciary Duties, Dishonest Assistance, Limitation of Actions, Conspiracy to Injure, Expert Evidence Admissibility
Equity Tort Civil Procedure Fiduciary Duties Dishonest Assistance Limitation of Actions Conspiracy to Injure Expert Evidence Admissibility

Case Brief

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Parties

David Hugh Carr

Claimant

Andrew Alexander Cole

Claimant

John Charles Keyworth Curtis

Claimant

Sean Davis

Claimant

Robert James Elliott

Claimant

Neil Shaka Hislop

Claimant

John Stephen Hughes

Claimant

Denis Joseph Irwin

Claimant

Thomas Johnson

Claimant

Zatyiah Knight

Claimant

Daniel Ben Murphy

Claimant

Ian Anthony Pearce

Claimant

Robert William Savage

Claimant

Jonathan Craig Short

Claimant

James Anthony Smith

Claimant

Gary Teale

Claimant

Antony Vidmar

Claimant

Formation Group PLC

Defendant

Ian Battersby

Defendant

Formation Asset Management Limited (in Liquidation)

Defendant

David McKee

Defendant

Kevin Patrick McMenamin

Defendant

Paul Stretford

Defendant

George Stuart Urquhart

Defendant

Procedural Posture

Civil / Interlocutory Application (case Management Conference) on Permission to Adduce Expert Evidence

Legal Issues

  1. 1 Whether defendants may adduce expert evidence on market practice and regulatory requirements relevant to allegations of dishonest assistance, conspiracy, and limitation issues
  2. 2 Whether market practice evidence is admissible to determine objective dishonesty or limitation defences

Ratio Decidendi

Permission to adduce expert evidence on market practice and regulatory requirements is granted only insofar as it is relevant to the defendants' honest belief in the lawfulness of their conduct for the purposes of defending allegations of conspiracy to injure by unlawful means and limitation under section 32(2) of the Limitation Act 1980. Such evidence is not admissible to determine the objective standard of dishonesty, which is set by the court.

Court Disposition

Application granted in part

Orders

  • Permission granted to the Fourth, Fifth, Seventh, and Second Defendants to adduce expert evidence on market practice and regulatory requirements, but only for the limited purposes identified in the judgment.
  • Permission extended to all parties to call expert evidence as to the alleged market practice.