Popely & Anor v Popely & Ors

Popely & Anor v Popely & Ors

The claimants failed to prove that Ronald Anthony Popely, in the capacity of a de facto director, caused any payments to be made by Casterbridge Properties Limited to Mars Trust in breach of fiduciary duty or fraudulently. The evidence did not establish improper payments, breach of fiduciary duty, or fraud. The claims regarding cash, vendor rights, and profits were not made out and are dismissed.

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
Civil Double Derivative Action / Final Judgment
Outcome
Claim dismissed
Legal Topics
Fiduciary Duty, Fraud, De Facto Director, Shadow Director, Limitation Periods, Double Derivative Actions
Company Law Trusts Equity Fiduciary Duty Fraud De Facto Director Shadow Director Limitation Periods +1 more

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 11 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

John Anthony Popely

Claimant

Andrew Popely

Claimant

Ronald Anthony Popely

Defendant

Cosmos Trust Limited

Defendant

Casterbridge Properties Limited

Defendant

Procedural Posture

Civil Double Derivative Action / Final Judgment

Legal Issues

  1. 1 Whether Ronald Anthony Popely caused payments to be made by Casterbridge Properties Limited to Mars Trust in breach of fiduciary duty as a de facto director and/or fraudulently
  2. 2 Whether Ronald Anthony Popely was a de facto director of Casterbridge Properties Limited in relation to the acts complained of
  3. 3 Whether the claims are time-barred under the Limitation Act 1980 or fall within the fraud exception

Ratio Decidendi

The claimants failed to prove that Ronald Anthony Popely, in the capacity of a de facto director, caused any payments to be made by Casterbridge Properties Limited to Mars Trust in breach of fiduciary duty or fraudulently. The evidence did not establish improper payments, breach of fiduciary duty, or fraud. The claims regarding cash, vendor rights, and profits were not made out and are dismissed.

Court Disposition

Claim dismissed