R v R & Ors [2013] EWHC 4244 (Fam) (15 November 2013)

R v R & Ors [2013] EWHC 4244 (Fam) (15 November 2013)

The husband, as a shadow director, owes fiduciary duties to the family company; operating a competing business breaches those duties, justifying the injunction.

Citation
[2013] EWHC 4244 (Fam)
Parties
Applicant: R; Respondents: R & Others
Jurisdiction
England and Wales
Judgment Date
15 November 2013
Procedural Posture
Family Law Freezing Order / Return Date Hearing on Freezing Order
Outcome
Paragraph 20 of the freezing order is upheld and remains in force.
Legal Topics
Freezing Injunctions, Fiduciary Duties of Shadow Directors, Matrimonial Asset Protection
Family Law Company Law Freezing Injunctions Fiduciary Duties of Shadow Directors Matrimonial Asset Protection

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Parties

R

Applicant

R & Others

Respondents

Procedural Posture

Family Law Freezing Order / Return Date Hearing on Freezing Order

Legal Issues

  1. 1 Whether an injunction restraining commercial competition by the husband is legally justified
  2. 2 Whether a shadow director owes fiduciary duties to the company

Ratio Decidendi

The husband, as a shadow director, owes fiduciary duties to the family company; operating a competing business breaches those duties, justifying the injunction.

Court Disposition

Paragraph 20 of the freezing order is upheld and remains in force.

Orders

  • Continuation of injunction restraining husband from competing with family company
  • Further hearing scheduled for unresolved adjustments on 27 November 2013