Carr & Ors v Formation Group Plc & Ors [2018] EWHC 3575 (Ch) (20 December 2018)

Carr & Ors v Formation Group Plc & Ors [2018] EWHC 3575 (Ch) (20 December 2018)

Claims for dishonest assistance, joint tortfeasor liability, and conspiracy were not stated in the 2015 claim form and were only introduced in 2018; since Mr Short discovered the wrongdoing in 2010, these claims are statute barred and must be dismissed. The claim for unconscionable receipt was within the 2015 claim form and survives.

Citation
[2018] EWHC 3575 (Ch)
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
20 December 2018
Procedural Posture
Strike Out / Summary Judgment Application / Post Application Judgment
Outcome
Partial summary judgment granted; strike out of certain claims
Legal Topics
Limitation of Actions, Dishonest Assistance, Joint Tortfeasor Liability, Unlawful Means Conspiracy, Knowing Receipt, Secret Commissions
Civil Procedure Equity Tort Limitation of Actions Dishonest Assistance Joint Tortfeasor Liability Unlawful Means Conspiracy Knowing Receipt +1 more

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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

Strike Out / Summary Judgment Application / Post Application Judgment

Legal Issues

  1. 1 Whether claims for dishonest assistance, joint tortfeasor liability, and conspiracy were statute barred
  2. 2 Whether the nature of these claims was stated in the 2015 claim form for limitation purposes
  3. 3 Interpretation of CPR 16.2 requirements for concise statement of claim

Ratio Decidendi

Claims for dishonest assistance, joint tortfeasor liability, and conspiracy were not stated in the 2015 claim form and were only introduced in 2018; since Mr Short discovered the wrongdoing in 2010, these claims are statute barred and must be dismissed. The claim for unconscionable receipt was within the 2015 claim form and survives.

Court Disposition

Partial summary judgment granted; strike out of certain claims

Orders

  • Claims for dishonest assistance, joint tortfeasor liability, and conspiracy by Mr Short against the First Defendant are dismissed as statute barred.
  • Claim for unconscionable receipt survives.