Popely & Anor v Popely & Ors [2019] EWHC 1507 (Ch) (13 June 2019)

Popely & Anor v Popely & Ors [2019] EWHC 1507 (Ch) (13 June 2019)

The claimants failed to prove that Ronald Popely was a de facto director of Casterbridge in relation to the acts complained of, or that he acted fraudulently or in breach of fiduciary duty. Payments to Mars Trust were not shown to be improper or fraudulent, and there was no evidence of misappropriation of Vendor Rights or profits. The claims were not made out on the evidence or pleadings.

Citation
[2019] EWHC 1507 (Ch)
Parties
Claimant: John Anthony Popely; Claimant: Andrew Popely; Defendant: Ronald Anthony Popely; Defendant: Cosmos Trust Limited; Defendant: Casterbridge Properties Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2019
Procedural Posture
Double Derivative Action / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
De Facto Director Liability, Shadow Director Liability, Fiduciary Duties, Fraudulent Breach of Trust, Limitation Act 1980 S.21, Derivative Claims, Double Derivative Actions
Company Law Equity and Trusts Civil Procedure De Facto Director Liability Shadow Director Liability Fiduciary Duties Fraudulent Breach of Trust Limitation Act 1980 S.21 +2 more

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Parties

John Anthony Popely

Claimant

Andrew Popely

Claimant

Ronald Anthony Popely

Defendant

Cosmos Trust Limited

Defendant

Casterbridge Properties Limited

Defendant

Procedural Posture

Double Derivative Action / Final Judgment After Trial

Legal Issues

  1. 1 Whether Ronald Popely was a de facto director of Casterbridge Properties Limited and owed fiduciary duties
  2. 2 Whether Ronald Popely fraudulently breached fiduciary duties to Casterbridge
  3. 3 Whether payments from Casterbridge to Mars Trust were improper or fraudulent

Ratio Decidendi

The claimants failed to prove that Ronald Popely was a de facto director of Casterbridge in relation to the acts complained of, or that he acted fraudulently or in breach of fiduciary duty. Payments to Mars Trust were not shown to be improper or fraudulent, and there was no evidence of misappropriation of Vendor Rights or profits. The claims were not made out on the evidence or pleadings.

Court Disposition

Claim dismissed