Akkurate Limited (in liquidation) & Ors v John Christopher Richmond & Anor

Akkurate Limited (in liquidation) & Ors v John Christopher Richmond & Anor

The applications for reverse summary judgment and/or strike out are refused. The claims raise serious factual and legal issues unsuitable for summary determination, including the scope of the 2019 Settlement, the existence and breach of fiduciary duties post-liquidation, dishonest assistance, fraudulent misrepresentation, and conspiracy. There are real prospects of success and compelling reasons for a full trial.

Parties
Claimant: Akkurate Limited (in liquidation); Claimant: Liam Alexander Short and Stephen Illes (as the joint liquidators of Akkurate Limited); Defendant: John Christopher Richmond; Defendant: Mark Johnathan Schofield
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil (commercial/chancery) / Application for Reverse Summary Judgment And/or Strike Out
Outcome
Applications for reverse summary judgment and/or strike out refused; all claims to proceed to trial.
Legal Topics
Fiduciary Duties, Breach of Duty, Dishonest Assistance, Fraudulent Misrepresentation, Conspiracy to Injure, Summary Judgment, Strike Out, Res Judicata, Settlement Agreements
Company Law Insolvency Law Equity and Trusts Contract Law Fiduciary Duties Breach of Duty Dishonest Assistance Fraudulent Misrepresentation +5 more

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Parties

Akkurate Limited (in liquidation)

Claimant

Liam Alexander Short and Stephen Illes (as the joint liquidators of Akkurate Limited)

Claimant

John Christopher Richmond

Defendant

Mark Johnathan Schofield

Defendant

Procedural Posture

Civil (commercial/chancery) / Application for Reverse Summary Judgment And/or Strike Out

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 dishonestly assisted breaches of fiduciary duty

Ratio Decidendi

The applications for reverse summary judgment and/or strike out are refused. The claims raise serious factual and legal issues unsuitable for summary determination, including the scope of the 2019 Settlement, the existence and breach of fiduciary duties post-liquidation, dishonest assistance, fraudulent misrepresentation, and conspiracy. There are real prospects of success and compelling reasons for a full trial.

Court Disposition

Applications for reverse summary judgment and/or strike out refused; all claims to proceed to trial.

Orders

  • No part of the claim is struck out.
  • No reverse summary judgment granted.