Mark Glenn Hawkes v Gordon Adrian Cook

Mark Glenn Hawkes v Gordon Adrian Cook

The Defendant was appointed as fiduciary agent/trustee of the Company, owed fiduciary duties, made fraudulent misrepresentations to induce appointment, and dishonestly paid away Company funds for personal benefit. Equitable compensation is not barred by delay, laches, unclean hands, or the Settlement Deed. The Defendant is liable to pay equitable compensation for the total of Company funds dishonestly paid away.

Parties
Claimant: Mr Mark Glenn Hawkes; Defendant: Mr Gordon Adrian Cook
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Civil Claim / Final Judgment
Outcome
Claim allowed; Defendant found liable for fraudulent misrepresentation and breach of fiduciary duty.
Legal Topics
Fraudulent Misrepresentation, Breach of Fiduciary Duty, Asset Tracing, Equitable Compensation, Director's Duties, Trustee Liability, Delay and Laches, Unclean Hands, Settlement Agreements
Equity Company Law Insolvency Tort Fraudulent Misrepresentation Breach of Fiduciary Duty Asset Tracing Equitable Compensation +5 more

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Parties

Mr Mark Glenn Hawkes

Claimant

Mr Gordon Adrian Cook

Defendant

Procedural Posture

Civil Claim / Final Judgment

Legal Issues

  1. 1 Whether the Defendant was appointed as fiduciary agent/trustee of the Company
  2. 2 Whether the Defendant owed fiduciary duties to the Company
  3. 3 Whether the Defendant made fraudulent misrepresentations to induce appointment

Ratio Decidendi

The Defendant was appointed as fiduciary agent/trustee of the Company, owed fiduciary duties, made fraudulent misrepresentations to induce appointment, and dishonestly paid away Company funds for personal benefit. Equitable compensation is not barred by delay, laches, unclean hands, or the Settlement Deed. The Defendant is liable to pay equitable compensation for the total of Company funds dishonestly paid away.

Court Disposition

Claim allowed; Defendant found liable for fraudulent misrepresentation and breach of fiduciary duty.

Orders

  • Defendant to pay equitable compensation of £123,250 to the Claimant.
  • No bar to relief on grounds of delay, laches, unclean hands, or settlement.