Bernard Jacob Carl v John Hawkins & Ors

Bernard Jacob Carl v John Hawkins & Ors

The defendants, including Mr Hawkins, SCM, Mr Edwards, and Mr Howarth, are liable for deceit, conversion, conspiracy, and knowing receipt in relation to the misappropriation and disposal of Mr Carl’s cars and funds. Mrs Edwards is liable on the dishonoured cheque and underlying debt. The SRAs were not binding on Mr Carl. Mr Howarth is not entitled to repayment of £198,000 from Mr Carl; that sum is due to Mrs Edwards. The claims in unjust enrichment and restitution by Mr Howarth fail. Damages are to be assessed based on the value of the cars and funds misappropriated, with no double recovery. Costs are awarded to Mr Carl subject to reductions for conduct. Mrs Edwards is not liable for...

Parties
Claimant: Mr Bernard Jacob Carl; Defendant: Mr John Hawkins; Defendant: Specialist Cars of Maldon Limited; Defendant: Mr Richard Edwards; Defendant: Mr Andrew Howarth; Defendant: Mrs Lorna Edwards; Defendant: Mr Graeme Scholes; Defendant: Left Hand Drive Limited; Defendant: Mr Christopher Williams; Defendant: Mr Vikash Limbani; Defendant: Mr Scott Davis; Defendant: Mr Simon Greenwood; Defendant: Mansa Limited; Defendant: Pescara International Limited
Jurisdiction
England and Wales
Judgment Date
23 August 2024
Procedural Posture
Civil (chancery Division, Business and Property Courts) / Final Judgment After Trial
Outcome
Judgment for the claimant (Mr Carl) against principal defendants for deceit, conversion, conspiracy, knowing receipt, and on the cheque action. Damages and costs to be assessed. Mrs Edwards liable on the cheque. Mr Howarth’s counterclaim dismissed. Certain claims settled or discontinued. Further hearing on quantum...
Legal Topics
Conversion, Deceit, Conspiracy, Bailment, Agency, Fiduciary Duty, Knowing Receipt, Dishonest Assistance, Bills of Exchange, Unjust Enrichment
Tort Contract Equity Restitution Banking and Finance Conversion Deceit Conspiracy +7 more

Case Brief

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Parties

Mr Bernard Jacob Carl

Claimant

Mr John Hawkins

Defendant

Specialist Cars of Maldon Limited

Defendant

Mr Richard Edwards

Defendant

Mr Andrew Howarth

Defendant

Mrs Lorna Edwards

Defendant

Mr Graeme Scholes

Defendant

Left Hand Drive Limited

Defendant

Mr Christopher Williams

Defendant

Mr Vikash Limbani

Defendant

Mr Scott Davis

Defendant

Mr Simon Greenwood

Defendant

Mansa Limited

Defendant

Pescara International Limited

Defendant

Procedural Posture

Civil (chancery Division, Business and Property Courts) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants are liable for deceit, conversion, conspiracy, breach of bailment, knowing receipt, and/or dishonest assistance in relation to the misappropriation and disposal of classic cars and related funds.
  2. 2 Whether Mrs Edwards is liable on a dishonoured cheque and underlying debt.
  3. 3 Whether Mr Howarth is entitled to repayment of £198,000 from Mr Carl or Mrs Edwards.

Ratio Decidendi

The defendants, including Mr Hawkins, SCM, Mr Edwards, and Mr Howarth, are liable for deceit, conversion, conspiracy, and knowing receipt in relation to the misappropriation and disposal of Mr Carl’s cars and funds. Mrs Edwards is liable on the dishonoured cheque and underlying debt. The SRAs were not binding on Mr Carl. Mr Howarth is not entitled to repayment of £198,000 from Mr Carl; that sum is due to Mrs Edwards. The claims in unjust enrichment and restitution by Mr Howarth fail. Damages are to be assessed based on the value of the cars and funds misappropriated, with no double recovery. Costs are awarded to Mr Carl subject to reductions for conduct. Mrs Edwards is not liable for...

Court Disposition

Judgment for the claimant (Mr Carl) against principal defendants for deceit, conversion, conspiracy, knowing receipt, and on the cheque action. Damages and costs to be assessed. Mrs Edwards liable on the cheque. Mr Howarth’s counterclaim dismissed. Certain claims settled or discontinued. Further hearing on quantum...

Orders

  • Damages to be assessed against Mr Hawkins, SCM, Mr Edwards, Mr Howarth, Mr Scholes, and others for deceit, conversion, conspiracy, and knowing receipt.
  • Mrs Edwards to pay £221,000 to Mr Carl on the cheque; Mr Carl to repay £198,000 to Mrs Edwards; no further sums due between them.