Fanmailuk.com Ltd & Anor v Cooper & Ors [2008] EWHC 2198 (Ch) (11 June 2008)

Fanmailuk.com Ltd & Anor v Cooper & Ors [2008] EWHC 2198 (Ch) (11 June 2008)

Given the distinct and non-overlapping nature of the claims by Fanmail and Mr Burtenshaw, and the potential impact of Fanmail's claim on the procedural framework of the derivative claim, it is appropriate as a matter of case management to direct a trial of Fanmail's claim as a preliminary issue and adjourn the application for permission to continue the derivative claim until after that trial.

Citation
[2008] EWHC 2198 (Ch)
Parties
Claimant: Fanmailuk.com Limited; Claimant: Paul Burtenshaw; Defendant: Robert Cooper; Defendant: David Cooper; Defendant: Ahmed Zghari; Defendant: MCashback Limited; Defendant: Dialtime Plus Limited; Defendant: Yvonne Wayne
Jurisdiction
England and Wales
Judgment Date
11 June 2008
Procedural Posture
Chancery Division Civil Claim / Interlocutory Application for Permission to Continue Derivative Claim and Case Management Directions
Outcome
Application for permission to continue derivative claim adjourned; trial of Fanmail's claim to proceed as a preliminary issue.
Legal Topics
Derivative Actions, Breach of Fiduciary Duty, Trusts Over Shares, Case Management, Corporate Opportunity
Company Law Equity Derivative Actions Breach of Fiduciary Duty Trusts Over Shares Case Management Corporate Opportunity

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Fanmailuk.com Limited

Claimant

Paul Burtenshaw

Claimant

Robert Cooper

Defendant

David Cooper

Defendant

Ahmed Zghari

Defendant

MCashback Limited

Defendant

Dialtime Plus Limited

Defendant

Yvonne Wayne

Defendant

Procedural Posture

Chancery Division Civil Claim / Interlocutory Application for Permission to Continue Derivative Claim and Case Management Directions

Legal Issues

  1. 1 Whether permission should be granted to continue a derivative claim under CPR 19.9 and Companies Act 2006
  2. 2 Whether the shares in Dialtime Plus Limited are held on trust for Fanmailuk.com Limited
  3. 3 Whether directors of Dialtime breached fiduciary duties by diverting a corporate opportunity

Ratio Decidendi

Given the distinct and non-overlapping nature of the claims by Fanmail and Mr Burtenshaw, and the potential impact of Fanmail's claim on the procedural framework of the derivative claim, it is appropriate as a matter of case management to direct a trial of Fanmail's claim as a preliminary issue and adjourn the application for permission to continue the derivative claim until after that trial.

Court Disposition

Application for permission to continue derivative claim adjourned; trial of Fanmail's claim to proceed as a preliminary issue.

Orders

  • Trial of Fanmailuk.com Limited's claim as a preliminary issue directed.
  • Application for permission to continue derivative claim adjourned for consideration after preliminary issue trial.