ANTHONY KING & Ors v KINGS SOLUTIONS GROUP LIMITED & Ors

ANTHONY KING & Ors v KINGS SOLUTIONS GROUP LIMITED & Ors

The contested allegations in the Points of Claim constitute a collateral attack on findings made in the Bribery Claim, which have been finally determined and affirmed by the Court of Appeal. Issue estoppel and abuse of process prevent the petitioners from re-litigating those issues, regardless of party identity, and the allegations are struck out. The company and its subsidiary are nominal parties and are not required to serve a defence. Permission is granted for certain amendments to the Points of Defence, and the KSSL Application is dismissed.

Parties
Petitioner: Anthony King; Petitioner: James Patrick King; Petitioner: Susan May King; Respondent: Kings Solutions Group Limited; Respondent: Primekings Holdings Limited; Respondent: Robin Fisher; Respondent: Barry Stiefel; Respondent: Geoffrey Zeidler; Respondent: Kings Security Systems Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2022
Procedural Posture
Unfair Prejudice Petition / Ruling on Strike Out and Amendment Applications
Outcome
Strike out application granted; KSSL Application dismissed; permission granted for certain amendments to Points of Defence.
Legal Topics
Unfair Prejudice, Issue Estoppel, Abuse of Process, Director Duties, Bad Leaver Provisions, Strike Out Applications, Summary Judgment
Company Law Civil Procedure Unfair Prejudice Issue Estoppel Abuse of Process Director Duties Bad Leaver Provisions Strike Out Applications +1 more

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Parties

Anthony King

Petitioner

James Patrick King

Petitioner

Susan May King

Petitioner

Kings Solutions Group Limited

Respondent

Primekings Holdings Limited

Respondent

Robin Fisher

Respondent

Barry Stiefel

Respondent

Geoffrey Zeidler

Respondent

Kings Security Systems Limited

Respondent

Procedural Posture

Unfair Prejudice Petition / Ruling on Strike Out and Amendment Applications

Legal Issues

  1. 1 Whether allegations in the petition constitute a collateral attack on findings in the Bribery Claim
  2. 2 Whether issue estoppel or abuse of process prevents re-litigation of issues determined in the Bribery Claim
  3. 3 Whether the petitioners can pursue claims of unfair prejudice based on conduct already adjudicated

Ratio Decidendi

The contested allegations in the Points of Claim constitute a collateral attack on findings made in the Bribery Claim, which have been finally determined and affirmed by the Court of Appeal. Issue estoppel and abuse of process prevent the petitioners from re-litigating those issues, regardless of party identity, and the allegations are struck out. The company and its subsidiary are nominal parties and are not required to serve a defence. Permission is granted for certain amendments to the Points of Defence, and the KSSL Application is dismissed.

Court Disposition

Strike out application granted; KSSL Application dismissed; permission granted for certain amendments to Points of Defence.

Orders

  • All contested allegations in the Appendix (except those in bold and square brackets) struck out from Points of Claim.
  • Paragraphs 204 and 205 and references to exclusion from management in specified paragraphs struck out on alternative basis of no real prospect of success.