Henderson & Jones Limited v Garry Patrick Price

Henderson & Jones Limited v Garry Patrick Price

The claim was not statute-barred as the limitation period ran from the date of demand in June 2015. The assignment to the claimant was valid. The defendant received the sums as recorded in the ledger but failed to prove entitlement to most of them. Only £5,700 remuneration and a £30,000 dividend for year-end August 2011 were established as entitlements. The defendant failed to prove entitlement to further sums as remuneration, business expenses, or dividends. The claimant was entitled to judgment for £94,596.10, with statutory interest from 3 June 2015 at 2%. Costs were awarded to the claimant, on a standard basis up to 7 August 2020 and indemnity basis thereafter, with an interim payment...

Parties
Claimant: Henderson & Jones Limited; Defendant: Garry Patrick Price
Jurisdiction
England and Wales
Judgment Date
15 October 2020
Procedural Posture
Civil (debt Recovery / Directors' Loan) / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Directors' Loan Account, Assignment of Claims, Limitation Periods, Directors' Duties, Unjust Enrichment, Dividends, Remuneration, Company Liquidation
Company Law Contract Law Insolvency Law Directors' Loan Account Assignment of Claims Limitation Periods Directors' Duties Unjust Enrichment +3 more

Case Brief

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Parties

Henderson & Jones Limited

Claimant

Garry Patrick Price

Defendant

Procedural Posture

Civil (debt Recovery / Directors' Loan) / Judgment After Trial

Legal Issues

  1. 1 Whether the claim is statute-barred
  2. 2 Whether there was a valid assignment of the claim
  3. 3 Whether the defendant received sums from the company as recorded in the ledger and in what amount

Ratio Decidendi

The claim was not statute-barred as the limitation period ran from the date of demand in June 2015. The assignment to the claimant was valid. The defendant received the sums as recorded in the ledger but failed to prove entitlement to most of them. Only £5,700 remuneration and a £30,000 dividend for year-end August 2011 were established as entitlements. The defendant failed to prove entitlement to further sums as remuneration, business expenses, or dividends. The claimant was entitled to judgment for £94,596.10, with statutory interest from 3 June 2015 at 2%. Costs were awarded to the claimant, on a standard basis up to 7 August 2020 and indemnity basis thereafter, with an interim payment...

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay claimant £94,596.10
  • Statutory interest at 2% from 3 June 2015