Sherborne Corporate Services Ltd & Ors v Positive Approach Services Ltd & Ors

Sherborne Corporate Services Ltd & Ors v Positive Approach Services Ltd & Ors

Mr Williams did not discharge his £1m debt under the Deed, as the transfer of PAS shares was not validly performed; alleged misrepresentations were not proven, as evidence of Claimants' witnesses was unchallenged and Defendants failed to attend trial; Claimants' trustees had legal capacity under Seychelles and Guernsey law; assignment of claims to new trustees was valid; Defendants' counterclaim fails.

Parties
Claimant: Sherborne Corporate Services Limited; Claimant: Kenilworth Consultants Inc; Claimant: Interim Executives (Guernsey) Limited; Claimant: Imperial Xeon Group Limited; Claimant: Andrew James Galloway; Claimant: Robert Peter Hawkins; Defendant: Positive Approach Services Limited; Defendant: Kenneth Williams; Defendant: Mary Williams; Defendant: Stephen Wynne-Williams; Defendant: Trevor Williams; Defendant: James Wynne-Williams; Defendant: Frederick Stephenson; Defendant: Nicola Wynne-Williams
Jurisdiction
England and Wales
Judgment Date
15 November 2016
Procedural Posture
Civil / Final Judgment
Outcome
Claim for £1m succeeds; counterclaim dismissed.
Legal Topics
Misrepresentation, Breach of Contract, Trustee Powers, Assignment of Claims, Illegality, Ultra Vires, Jurisdiction, Taxation of Pension Schemes
Contract Law Trusts Law Company Law Pension Law Misrepresentation Breach of Contract Trustee Powers Assignment of Claims +4 more

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Parties

Sherborne Corporate Services Limited

Claimant

Kenilworth Consultants Inc

Claimant

Interim Executives (Guernsey) Limited

Claimant

Imperial Xeon Group Limited

Claimant

Andrew James Galloway

Claimant

Robert Peter Hawkins

Claimant

Positive Approach Services Limited

Defendant

Kenneth Williams

Defendant

Mary Williams

Defendant

Stephen Wynne-Williams

Defendant

Trevor Williams

Defendant

James Wynne-Williams

Defendant

Frederick Stephenson

Defendant

Nicola Wynne-Williams

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether Mr Williams performed his obligations under the Deed of Acknowledgement and Satisfaction of Debt
  2. 2 Whether alleged misrepresentations by Claimants' agents induced Mr Williams to enter the contract
  3. 3 Whether the Claimants had legal capacity to act as trustees under Seychelles and Guernsey law

Ratio Decidendi

Mr Williams did not discharge his £1m debt under the Deed, as the transfer of PAS shares was not validly performed; alleged misrepresentations were not proven, as evidence of Claimants' witnesses was unchallenged and Defendants failed to attend trial; Claimants' trustees had legal capacity under Seychelles and Guernsey law; assignment of claims to new trustees was valid; Defendants' counterclaim fails.

Court Disposition

Claim for £1m succeeds; counterclaim dismissed.

Orders

  • Judgment for Claimants against Kenneth Williams for £1,000,000 pursuant to Clause 1 of the Deed
  • Interest on £1,000,000 to be determined