Fanmailuk.com Ltd & Anor v Cooper & Ors

Fanmailuk.com Ltd & Anor v Cooper & Ors

FanmailUK.com Limited is the beneficial owner of all four shares in Dialtime Plus Limited, as the company was formed at Fanmail's direction and expense, and the objective intention of the parties was that DPL would be part of the Fanmail group, with shares held temporarily by individuals on trust for Fanmail.

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
17 December 2008
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Declaration granted in favour of FanmailUK.com Limited.
Legal Topics
Resulting Trusts, Beneficial Ownership, Shareholding, Corporate Formation, Fiduciary Duties
Equity Company Law Resulting Trusts Beneficial Ownership Shareholding Corporate Formation Fiduciary Duties

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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

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether FanmailUK.com Limited is the beneficial owner of the four issued shares in Dialtime Plus Limited
  2. 2 Whether a resulting trust arose in favour of FanmailUK.com Limited upon the formation of Dialtime Plus Limited

Ratio Decidendi

FanmailUK.com Limited is the beneficial owner of all four shares in Dialtime Plus Limited, as the company was formed at Fanmail's direction and expense, and the objective intention of the parties was that DPL would be part of the Fanmail group, with shares held temporarily by individuals on trust for Fanmail.

Court Disposition

Declaration granted in favour of FanmailUK.com Limited.

Orders

  • FanmailUK.com Limited is declared the beneficial owner of all four shares in Dialtime Plus Limited.