Walker & Ors v Mills & Anor

Walker & Ors v Mills & Anor

The Introduction Agreement was made between Clarion Plc and Insurance & Legal Services Limited. The benefit of the agreement was not assigned to the claimants. No constructive trust arose over the shares and loan notes. The claimants have no entitlement to further payments under the Introduction Agreement.

Parties
Claimant: Ronald David Walker; Claimant: Clarion Wealth Planning Limited; Claimant: Clarion Investment Management Limited; Defendant: Mark Richard Mills; Defendant: Insurance & Legal Services Limited
Jurisdiction
England and Wales
Judgment Date
17 May 2018
Procedural Posture
Commercial/contractual Dispute / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Assignment of Contractual Rights, Corporate Personality, Fiduciary Duties, Constructive Trusts

Case Brief

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Parties

Ronald David Walker

Claimant

Clarion Wealth Planning Limited

Claimant

Clarion Investment Management Limited

Claimant

Mark Richard Mills

Defendant

Insurance & Legal Services Limited

Defendant

Procedural Posture

Commercial/contractual Dispute / Judgment After Trial

  1. 1 Who were the parties to the Introduction Agreement?
  2. 2 Was the Introduction Agreement assigned to the claimants?
  3. 3 Is there a constructive trust over shares and loan notes?

Ratio Decidendi

The Introduction Agreement was made between Clarion Plc and Insurance & Legal Services Limited. The benefit of the agreement was not assigned to the claimants. No constructive trust arose over the shares and loan notes. The claimants have no entitlement to further payments under the Introduction Agreement.

Court Disposition

Claim dismissed