Secretary of State for Trade and Industry v Imaghodor

Secretary of State for Trade and Industry v Imaghodor

Mr Imaghodor was personally liable to repay the £50,972.56 as Scope Ltd was a device for his personal benefit and the money was received under a mistake of fact. Interest on this sum was properly awarded at the court's discretion. Interest on sums already recovered prior to proceedings was not recoverable under section 35A of the Supreme Court Act 1981.

Parties
Claimant: The Secretary of State for Trade and Industry; Defendant: Isoken Imaghodor
Jurisdiction
England and Wales
Judgment Date
03 May 2007
Procedural Posture
Civil Appeal / Judgment on Appeal From Summary Judgment
Outcome
Appeal allowed in part; summary judgment for £50,972.56 with interest upheld; interest on other sums set aside; costs to be determined.
Legal Topics
Deceit, Money Had and Received, Breach of Duty of Fidelity, Interest on Judgment Debts, Lifting the Corporate Veil
Civil Fraud Employment Law Company Law Deceit Money Had and Received Breach of Duty of Fidelity Interest on Judgment Debts Lifting the Corporate Veil

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Parties

The Secretary of State for Trade and Industry

Claimant

Isoken Imaghodor

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Summary Judgment

Legal Issues

  1. 1 Whether Mr Imaghodor is personally liable to repay £50,972.56 received by Scope Ltd from the DTI under a mistake of fact
  2. 2 Whether interest is payable on the outstanding sum
  3. 3 Whether interest is recoverable on sums already repaid prior to proceedings

Ratio Decidendi

Mr Imaghodor was personally liable to repay the £50,972.56 as Scope Ltd was a device for his personal benefit and the money was received under a mistake of fact. Interest on this sum was properly awarded at the court's discretion. Interest on sums already recovered prior to proceedings was not recoverable under section 35A of the Supreme Court Act 1981.

Court Disposition

Appeal allowed in part; summary judgment for £50,972.56 with interest upheld; interest on other sums set aside; costs to be determined.

Orders

  • Mr Imaghodor to pay £50,972.56 to the DTI with interest.
  • Order for interest on other sums set aside.