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)

Summary judgment on liability is refused. The court finds that there are substantial factual disputes regarding disclosure, knowledge, the nature of the payments, and the business culture, which require a full trial. The evidence is not incontrovertible, and to grant summary judgment would require a mini-trial, which is impermissible at this stage. The claimants have not established that the defendants have no real prospect of defending the claims on the selected issues.

Citation
[2017] EWHC 2799 (QB)
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 on liability refused; claims 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

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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 bribes/secret commissions

Ratio Decidendi

Summary judgment on liability is refused. The court finds that there are substantial factual disputes regarding disclosure, knowledge, the nature of the payments, and the business culture, which require a full trial. The evidence is not incontrovertible, and to grant summary judgment would require a mini-trial, which is impermissible at this stage. The claimants have not established that the defendants have no real prospect of defending the claims on the selected issues.

Court Disposition

Summary judgment on liability refused; claims to proceed to trial.

Orders

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