MGN Ltd v Horton

MGN Ltd v Horton

Mrs Horton either knew or closed her eyes to the obvious fact that Mr Horton was engaged in fraud and money-laundering; she was dishonest and assisted in the fraud. The Claimant could not have discovered the fraud earlier with reasonable diligence, so none of the claim is statute barred. The Claimant is entitled to restitution and compound interest.

Parties
Claimant: MGN Ltd; Defendant: Teresa Horton
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Civil / Judgment
Outcome
Claim allowed
Legal Topics
Knowing Receipt, Knowing Assistance, Money Had and Received, Limitation Period, Change of Position Defence, Compound Interest
Restitution Fraud Trusts Limitation Knowing Receipt Knowing Assistance Money Had and Received Limitation Period +2 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 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

MGN Ltd

Claimant

Teresa Horton

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mrs Horton received and retained money fraudulently procured by Mr Horton from the Claimant
  2. 2 Whether Mrs Horton was dishonest or wilfully blind to the fraud
  3. 3 Whether the Claimant's claims are statute barred under the Limitation Act

Ratio Decidendi

Mrs Horton either knew or closed her eyes to the obvious fact that Mr Horton was engaged in fraud and money-laundering; she was dishonest and assisted in the fraud. The Claimant could not have discovered the fraud earlier with reasonable diligence, so none of the claim is statute barred. The Claimant is entitled to restitution and compound interest.

Court Disposition

Claim allowed

Orders

  • Claimant entitled to recover all sums from Mrs Horton
  • Claimant entitled to compound interest on the claim