Jefferson & Ors v Bailey & Ors [2011] EWHC 92 (QB) (15 February 2011)

Jefferson & Ors v Bailey & Ors [2011] EWHC 92 (QB) (15 February 2011)

The court found that all funds paid by the claimants into the White Wind Account were properly accounted for and either applied to the purchase of the property or paid into the company account. There was no evidence of misappropriation or dishonesty by the defendants. The claimants failed to prove their case on the balance of probabilities.

Citation
[2011] EWHC 92
Parties
Claimant: Clive Jefferson; Claimant: Robert Brown; Claimant: John Melton; Claimant: Sian Morris by her executor Robert Brown; Claimant: Christopher Masters; Claimant: John Cantle; Claimant: Steve Malham; Claimant: Bruno Longo; Claimant: Toby Buckley; Claimant: John Campbell; Claimant: Joanna Talbot; Defendant: Richard Bailey; Defendant: Heather Bailey; Defendant: White Winds Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claims dismissed
Legal Topics
Misappropriation of Funds, Company Formation, Property Development, Undeclared Payments, Shareholder Disputes
Civil Fraud Company Law Trusts Misappropriation of Funds Company Formation Property Development Undeclared Payments Shareholder Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Clive Jefferson

Claimant

Robert Brown

Claimant

John Melton

Claimant

Sian Morris by her executor Robert Brown

Claimant

Christopher Masters

Claimant

John Cantle

Claimant

Steve Malham

Claimant

Bruno Longo

Claimant

Toby Buckley

Claimant

John Campbell

Claimant

Joanna Talbot

Claimant

Richard Bailey

Defendant

Heather Bailey

Defendant

White Winds Limited

Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants misappropriated funds intended for the purchase and development of property in Lanzarote
  2. 2 Whether the claimants were misled as to the true purchase price and allocation of funds
  3. 3 Whether all funds contributed by investors were properly accounted for

Ratio Decidendi

The court found that all funds paid by the claimants into the White Wind Account were properly accounted for and either applied to the purchase of the property or paid into the company account. There was no evidence of misappropriation or dishonesty by the defendants. The claimants failed to prove their case on the balance of probabilities.

Court Disposition

Claims dismissed

Orders

  • All claims of the claimants are dismissed.