Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors [2012] EWHC 306 (Comm) (28 February 2012)

Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors [2012] EWHC 306 (Comm) (28 February 2012)

The court found that Waypharm, acting by Mr. Mekni, fraudulently presented false invoices and FCRs under the Letter of Credit in December 2005 and February 2006, relating to goods not ordered or delivered. Mr. Mekni was personally liable due to his control and direction. BPL did not compromise its claims by subsequent agreements. Waypharm, Mr. Mekni, and Best Financial are liable for conspiracy, causing loss by unlawful means, breach of contract, and restitution. BPL is entitled to recover its losses less credit for goods and cash received.

Citation
[2012] EWHC 306 (Comm)
Parties
Claimant: Barclay Pharmaceuticals Limited; Claimant: AAH Pharmaceuticals Limited; Claimant: AAH Limited; Defendant: Waypharm LP; Defendant: Antoine Mekni; Defendant: David Condliffe; Defendant: Best Financial Services Corporation; Defendant: Kenneth Marketing; Defendant: Waypharm SAS
Jurisdiction
England and Wales
Judgment Date
28 February 2012
Procedural Posture
Commercial Court Claim / Final Judgment After Trial
Outcome
Judgment for the claimants against Waypharm, Mr. Mekni, and Best Financial.
Legal Topics
Fraudulent Misrepresentation, Conspiracy, Breach of Contract, Money Had and Received, Letters of Credit, Implied Terms, Personal Liability
Commercial Law Fraud Contract Law Restitution Fraudulent Misrepresentation Conspiracy Breach of Contract Money Had and Received +3 more

Case Brief

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Parties

Barclay Pharmaceuticals Limited

Claimant

AAH Pharmaceuticals Limited

Claimant

AAH Limited

Claimant

Waypharm LP

Defendant

Antoine Mekni

Defendant

David Condliffe

Defendant

Best Financial Services Corporation

Defendant

Kenneth Marketing

Defendant

Waypharm SAS

Defendant

Procedural Posture

Commercial Court Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether presentations under the Letter of Credit in December 2005 and February 2006 were fraudulent
  2. 2 Whether defendants are liable for conspiracy, causing loss by unlawful means, inducing breach of contract, breach of implied terms, and restitution
  3. 3 Whether BPL compromised its claims by subsequent agreements

Ratio Decidendi

The court found that Waypharm, acting by Mr. Mekni, fraudulently presented false invoices and FCRs under the Letter of Credit in December 2005 and February 2006, relating to goods not ordered or delivered. Mr. Mekni was personally liable due to his control and direction. BPL did not compromise its claims by subsequent agreements. Waypharm, Mr. Mekni, and Best Financial are liable for conspiracy, causing loss by unlawful means, breach of contract, and restitution. BPL is entitled to recover its losses less credit for goods and cash received.

Court Disposition

Judgment for the claimants against Waypharm, Mr. Mekni, and Best Financial.

Orders

  • Defendants to pay BPL £8,745,464 in damages or restitution.
  • Interest and costs awarded to claimants.