Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors

Barclay Pharmaceuticals Ltd & Ors v Waypharm LP & Ors

Waypharm, Mr. Mekni, and Best Financial knowingly and dishonestly presented false documents under the Letter of Credit, representing that goods had been ordered and were present when they were not. The FCRs and invoices contained fraudulent misrepresentations. The claimants did not order the goods, and no compromise or waiver of fraud claims occurred. The defendants are jointly and severally liable for causing loss by unlawful means, conspiracy, and restitution. Waypharm is also liable for breach of contract and money had and received. Quantum of loss is £8,745,464.

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 Fraud and Contract / Final Judgment After Trial
Outcome
Judgment for the claimant. Waypharm, Mr. Mekni, and Best Financial are jointly and severally liable to BPL for damages.
Legal Topics
Fraudulent Misrepresentation, Letters of Credit, Conspiracy, Causing Loss by Unlawful Means, Inducing Breach of Contract, Restitution for Money Had and Received
Commercial Law Contract Law Tort Law Restitution Fraudulent Misrepresentation Letters of Credit Conspiracy Causing Loss by Unlawful Means +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 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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 Fraud and Contract / Final Judgment After Trial

Legal Issues

  1. 1 Whether the December 2005 and February 2006 presentations under the Letter of Credit were fraudulent
  2. 2 Whether the goods in the relevant invoices were ever ordered or delivered
  3. 3 Whether the FCRs and invoices contained fraudulent misrepresentations

Ratio Decidendi

Waypharm, Mr. Mekni, and Best Financial knowingly and dishonestly presented false documents under the Letter of Credit, representing that goods had been ordered and were present when they were not. The FCRs and invoices contained fraudulent misrepresentations. The claimants did not order the goods, and no compromise or waiver of fraud claims occurred. The defendants are jointly and severally liable for causing loss by unlawful means, conspiracy, and restitution. Waypharm is also liable for breach of contract and money had and received. Quantum of loss is £8,745,464.

Court Disposition

Judgment for the claimant. Waypharm, Mr. Mekni, and Best Financial are jointly and severally liable to BPL for damages.

Orders

  • Defendants Waypharm, Mr. Mekni, and Best Financial to pay BPL £8,745,464 in damages, jointly and severally.
  • Waypharm additionally liable for the same sum as money had and received, subject to maximum recovery of that amount.