BFS Group Ltd (t/a Bidvest Logistics) & Ors v Foley & Ors [2017] EWHC 2799 (QB) (08 November 2017)

BFS Group Ltd (t/a Bidvest Logistics) & Ors v Foley & Ors [2017] EWHC 2799 (QB) (08 November 2017)

The court refused to grant summary judgment on liability, holding that the issues of disclosure, knowledge, and the nature of the payments and invoices were factually complex and could not be determined without a full trial. There was a realistic prospect that the defendants could establish at trial that the payments were not bribes or secret profits, that sufficient disclosure was made, or that the invoices were not fraudulent. The evidence was not incontrovertible and required full examination at trial.

Citation
[2017] EWHC 2799
Parties
Claimant: BFS Group Limited (t/a Bidvest Logistics); Claimant: Bidcorp (UK) Limited; Claimant: Bidvest Logistics Limited; Claimant: Bidcorp Foodservice (Europe) Limited; Defendant: Shaun Foley; Defendant: Gary Richard Taylor; Defendant: Giuseppe Ricotta; Defendant: Giuseppina Ricotta; Defendant: Paolina Ricotta; Defendant: Cristina Ricotta; Defendant: Wychwood Facilities Management Limited; Defendant: Premium Asset Leasing Limited; Defendant: Cotton (UK) Limited; Defendant: Premium Asset Finance Limited; Defendant: G. R. Taylor Accountants Limited (t/a G. R. Taylor & Co); Defendant: PCL Transport Limited; Defendant: Accessible Construction Limited; Defendant: Accessible Hire and Refrigeration Limited; Defendant: Mr Dominic Driscoll; Defendant: Mrs Annabella Burton; Defendant: Partners in Logistics Limited; Defendant: Mr Michael Neville; Defendant: Solarcrown Commercial Limited; Defendant: Mr Andrew Mikhail
Jurisdiction
England and Wales
Judgment Date
08 November 2017
Procedural Posture
Civil Commercial Fraud / Bribery / Summary Judgment Application on Liability Only
Outcome
Summary judgment refused; all issues to proceed to trial.
Legal Topics
Bribery, Secret Profits, Summary Judgment, Disclosure, Corporate Governance, Fraudulent Misrepresentation
Commercial Law Company Law Civil Procedure Bribery Secret Profits Summary Judgment Disclosure Corporate Governance +1 more

Case Brief

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Parties

BFS Group Limited (t/a Bidvest Logistics)

Claimant

Bidcorp (UK) Limited

Claimant

Bidvest Logistics Limited

Claimant

Bidcorp Foodservice (Europe) Limited

Claimant

Shaun Foley

Defendant

Gary Richard Taylor

Defendant

Giuseppe Ricotta

Defendant

Giuseppina Ricotta

Defendant

Paolina Ricotta

Defendant

Cristina Ricotta

Defendant

Wychwood Facilities Management Limited

Defendant

Premium Asset Leasing Limited

Defendant

Cotton (UK) Limited

Defendant

Premium Asset Finance Limited

Defendant

G. R. Taylor Accountants Limited (t/a G. R. Taylor & Co)

Defendant

PCL Transport Limited

Defendant

Accessible Construction Limited

Defendant

Accessible Hire and Refrigeration Limited

Defendant

Mr Dominic Driscoll

Defendant

Mrs Annabella Burton

Defendant

Partners in Logistics Limited

Defendant

Mr Michael Neville

Defendant

Solarcrown Commercial Limited

Defendant

Mr Andrew Mikhail

Defendant

Procedural Posture

Civil Commercial Fraud / Bribery / Summary Judgment Application on Liability Only

Legal Issues

  1. 1 Whether summary judgment should be granted on liability for alleged bribes and fraudulent invoices
  2. 2 Whether payments to or for the benefit of the first defendant constituted bribes or secret profits
  3. 3 Whether sufficient disclosure was made to the principal to negate liability for secret commissions

Ratio Decidendi

The court refused to grant summary judgment on liability, holding that the issues of disclosure, knowledge, and the nature of the payments and invoices were factually complex and could not be determined without a full trial. There was a realistic prospect that the defendants could establish at trial that the payments were not bribes or secret profits, that sufficient disclosure was made, or that the invoices were not fraudulent. The evidence was not incontrovertible and required full examination at trial.

Court Disposition

Summary judgment refused; all issues to proceed to trial.

Orders

  • Application for summary judgment on liability dismissed.
  • Issues of liability and quantum to be determined at trial.