Hague Plant Ltd v Hague& Ors

Hague Plant Ltd v Hague& Ors

The court ordered the trial of preliminary issues relating to the existence, nature, and effect of cross-invoicing arrangements between HPL and MHH, as these issues are central to the dispute and may significantly affect or determine the outcome of the main action.

Parties
Claimant: Hague Plant Limited; Defendant: Martin Hartley Hague; Defendant: Jean Angela Hague; Defendant: MHH Contracting Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2014
Procedural Posture
Civil / Preliminary Issues Ordered Prior to Trial
Outcome
Order for trial of preliminary issues prior to main trial; costs reserved
Legal Topics
Directors' Fiduciary Duties, Cross Invoicing, Fraudulent Tax Evasion, Limitation of Actions, Preliminary Issues Procedure
Company Law Equity and Trusts Tax Law Directors' Fiduciary Duties Cross Invoicing Fraudulent Tax Evasion Limitation of Actions Preliminary Issues Procedure

Case Brief

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Parties

Hague Plant Limited

Claimant

Martin Hartley Hague

Defendant

Jean Angela Hague

Defendant

MHH Contracting Limited

Defendant

Procedural Posture

Civil / Preliminary Issues Ordered Prior to Trial

Legal Issues

  1. 1 Whether unjustified payments were made pursuant to a cross-invoicing arrangement between MHH and HPL
  2. 2 Whether such payments were calculated to balance out with no substantial net loss to either company
  3. 3 Whether the practice was known, consented to, authorised, and participated in by HPL and/or Dianne and/or David

Ratio Decidendi

The court ordered the trial of preliminary issues relating to the existence, nature, and effect of cross-invoicing arrangements between HPL and MHH, as these issues are central to the dispute and may significantly affect or determine the outcome of the main action.

Court Disposition

Order for trial of preliminary issues prior to main trial; costs reserved

Orders

  • Preliminary issues relating to cross-invoicing and unjustified payments to be tried in advance of the main action
  • Timetable for exchange of Points of Claim, Defence, and Reply set