Akkurate Ltd & Anor v Richmond & Anor [2023] EWHC 2392 (Ch) (28 September 2023)

Akkurate Ltd & Anor v Richmond & Anor [2023] EWHC 2392 (Ch) (28 September 2023)

The court held that the claims against Mr Richmond are not clearly barred by the 2019 settlement agreement, as the settlement is to be construed by reference to the pleaded claims in the 2018 proceedings, which did not include the current claims based on post-liquidation conduct or the sale of trademarks. There is at least a real prospect of success for the claimants, and the complexity and factual disputes require a full trial. Accordingly, summary judgment or strike out is refused.

Citation
[2023] EWHC 2392 (Ch)
Parties
Claimant: Akkurate Limited (in liquidation); Claimant: Liam Alexander Short; Claimant: Stephen Illes; Defendant: John Christopher Richmond; Defendant: Mark Johnathan Schofield
Jurisdiction
England and Wales
Judgment Date
28 September 2023
Procedural Posture
Civil Chancery Division (business and Property Courts) / Summary Judgment/strike Out Applications by Defendants
Outcome
Applications for summary judgment and strike out refused; claims to proceed to trial.
Legal Topics
Fiduciary Duties, Summary Judgment, Strike Out, Settlement Agreements, Liquidation, Breach of Duty, Dishonest Assistance, Conspiracy, Res Judicata, Abuse of Process
Insolvency Company Law Commercial Law Fiduciary Duties Summary Judgment Strike Out Settlement Agreements Liquidation +5 more

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Parties

Akkurate Limited (in liquidation)

Claimant

Liam Alexander Short

Claimant

Stephen Illes

Claimant

John Christopher Richmond

Defendant

Mark Johnathan Schofield

Defendant

Procedural Posture

Civil Chancery Division (business and Property Courts) / Summary Judgment/strike Out Applications by Defendants

Legal Issues

  1. 1 Whether claims against Mr Richmond are barred by a 2019 settlement agreement
  2. 2 Whether Mr Richmond breached fiduciary duties in connection with the sale and exploitation of trademarks
  3. 3 Whether Mr Schofield is liable for dishonest assistance

Ratio Decidendi

The court held that the claims against Mr Richmond are not clearly barred by the 2019 settlement agreement, as the settlement is to be construed by reference to the pleaded claims in the 2018 proceedings, which did not include the current claims based on post-liquidation conduct or the sale of trademarks. There is at least a real prospect of success for the claimants, and the complexity and factual disputes require a full trial. Accordingly, summary judgment or strike out is refused.

Court Disposition

Applications for summary judgment and strike out refused; claims to proceed to trial.

Orders

  • Applications for reverse summary judgment and/or strike out by both defendants are dismissed.
  • Claims against the defendants are to proceed to trial.