Richardson & Anor v White & Anor [2017] EWHC 1512 (Ch) (22 June 2017)

Richardson & Anor v White & Anor [2017] EWHC 1512 (Ch) (22 June 2017)

The court declined to order a trial solely to obtain findings of dishonesty for collateral purposes, holding that the applicants are entitled to orders reflecting the settlement offers, including compensation, interest, and costs, without declarations of dishonesty by consent.

Source-derived case information.

Citation
[2017] EWHC 1512 (Ch)
Parties
Applicant: Ian Richardson; Applicant: Kevin John Hellard; Respondent: Christopher Michael White; Respondent: Andrew Philip Wood
Jurisdiction
England and Wales
Judgment Date
22 June 2017
Procedural Posture
Application Under the Insolvency Act 1986 / Pre Trial Case Management Directions
Outcome
No trial ordered; settlement to be reflected in court orders.
Legal Topics
Misfeasance, Breach of Fiduciary Duty, Liquidator Remuneration, Contribution Proceedings, Declarations by Consent
Insolvency Company Law Misfeasance Breach of Fiduciary Duty Liquidator Remuneration Contribution Proceedings Declarations by Consent

Source-derived case record

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Parties

Ian Richardson

Applicant

Kevin John Hellard

Applicant

Christopher Michael White

Respondent

Andrew Philip Wood

Respondent

Procedural Posture

Application Under the Insolvency Act 1986 / Pre Trial Case Management Directions

Legal Issues

  1. 1 whether respondents misapplied or retained company assets
  2. 2 whether respondents guilty of misfeasance or breach of fiduciary duty
  3. 3 quantification of compensation for overcharging

Ratio Decidendi

The court declined to order a trial solely to obtain findings of dishonesty for collateral purposes, holding that the applicants are entitled to orders reflecting the settlement offers, including compensation, interest, and costs, without declarations of dishonesty by consent.

Court Disposition

No trial ordered; settlement to be reflected in court orders.

Orders

  • Mr White to pay GBP 1,200,000+ to the company.
  • Mr White to pay interest of approximately GBP 370,000.