Secretary of State for Trade and Industry v Imaghodor [2007] EWHC 1422 (Ch) (03 May 2007)

Secretary of State for Trade and Industry v Imaghodor [2007] EWHC 1422 (Ch) (03 May 2007)

Mr Imaghodor was personally liable to repay the £50,972.56 as the payments to Scope Ltd were made under a mistake of fact, Scope was a device for his personal benefit, and the court was entitled to treat the receipts as his. Interest on this sum was properly awarded under section 35A of the Supreme Court Act 1981. Interest on sums already repaid prior to proceedings was not recoverable.

Citation
[2007] EWHC 1422 (Ch)
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 / Appeal From Summary Judgment
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Restitution, Deceit, Breach of Fiduciary Duty, Summary Judgment, Interest on Judgment Debts
Civil Fraud Employment Law Company Law Restitution Deceit Breach of Fiduciary Duty Summary Judgment Interest on Judgment Debts

Case Brief

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Parties

The Secretary of State for Trade and Industry

Claimant

Isoken Imaghodor

Defendant

Procedural Posture

Civil Appeal / 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 should be awarded on the sum of £50,972.56;
  3. 3 Whether interest is recoverable on sums already repaid to the DTI prior to proceedings;

Ratio Decidendi

Mr Imaghodor was personally liable to repay the £50,972.56 as the payments to Scope Ltd were made under a mistake of fact, Scope was a device for his personal benefit, and the court was entitled to treat the receipts as his. Interest on this sum was properly awarded under section 35A of the Supreme Court Act 1981. Interest on sums already repaid prior to proceedings was not recoverable.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Order for Mr Imaghodor to pay £50,972.56 to the Secretary of State for Trade and Industry with interest.
  • Order for interest on any sum other than £50,972.56 set aside.