F&C Alternative Investments (Holdings) Ltd. v Barthelemy & Anor

F&C Alternative Investments (Holdings) Ltd. v Barthelemy & Anor

The public interest in regulatory transparency, exoneration of witnesses, and development of legal principles outweighs the private interests of the parties in suppressing the judgment; the judgment must be handed down.

Parties
Claimant: F&C Alternative Investments (Holdings) Limited; Defendant: Francois Barthelemy; Defendant: Anthony Culligan; Respondent: F&C Partners LLP; Respondent: F&C Asset Management plc
Jurisdiction
England and Wales
Judgment Date
14 July 2011
Procedural Posture
Application/ruling / Post Trial, Pre Judgment Hand Down
Outcome
application dismissed
Legal Topics
Limited Liability Partnerships, Put Option Rights, Unfair Prejudice, Fiduciary Duties, Implied Terms, Regulatory Disclosure
Company Law Contract Law Financial Regulation Limited Liability Partnerships Put Option Rights Unfair Prejudice Fiduciary Duties Implied Terms +1 more

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Parties

F&C Alternative Investments (Holdings) Limited

Claimant

Francois Barthelemy

Defendant

Anthony Culligan

Defendant

F&C Partners LLP

Respondent

F&C Asset Management plc

Respondent

Procedural Posture

Application/ruling / Post Trial, Pre Judgment Hand Down

Legal Issues

  1. 1 Should the court suppress the judgment to allow settlement to take effect?
  2. 2 Is there overriding public interest in handing down the judgment despite parties' settlement?
  3. 3 What are the legal consequences for regulatory bodies and third parties if the judgment is not published?

Ratio Decidendi

The public interest in regulatory transparency, exoneration of witnesses, and development of legal principles outweighs the private interests of the parties in suppressing the judgment; the judgment must be handed down.

Court Disposition

application dismissed

Orders

  • Judgment to be handed down
  • No permission to appeal sought; judgment handed down with citation [2011] EWHC 1731 (Ch)