UK Communications Ltd v Nahim & Anor

Mr Nahim and Resolutions, by failing to heed repeated HMRC warnings and facilitating payments to third parties outside the supply chain, dishonestly assisted Mr Meare in breach of fiduciary duty and participated in a conspiracy to divert funds from UK Communications. Their deliberate blindness and failure to carry out due diligence, combined with their absence from proceedings, establish liability for dishonest assistance and conspiracy.

Parties: Claimant: UK Communications Limited; Defendant: Mohammed Nahim; Defendant: Resolutions
Jurisdiction: England and Wales
Judgment Date: 04 May 2010
Procedural Posture: Civil / Trial Judgment
Outcome: judgment for claimant
Legal Topics: Dishonest Assistance, Constructive Trust, Breach of Fiduciary Duty, Conspiracy, VAT Fraud, MTIC Fraud

Commercial Law Insolvency Law Equity Dishonest Assistance Constructive Trust Breach of Fiduciary Duty Conspiracy VAT Fraud +1 more

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Parties

UK Communications Limited

Claimant

Mohammed Nahim

Defendant

Resolutions

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

1 Whether Mr Nahim and Resolutions dishonestly assisted in breach of fiduciary duty by Mr Meare
2 Whether Mr Nahim and Resolutions are liable as constructive trustees for diverted funds
3 Whether there was an unlawful means conspiracy to defraud UK Communications

Ratio Decidendi

Court Disposition

judgment for claimant

Orders

Defence of Mr Nahim and Resolutions struck out under CPR Part 39.3.
Judgment for UK Communications Limited against Mr Nahim and Resolutions jointly and severally for £93,699,309.84.