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DBL succeeded in claims against Mr Shafie for directors’ duties breaches and data extraction, and partly succeeded on dishonest assistance against others. Relief under section 1157 was refused.
Section 21(1)(b) of the Limitation Act 1980 applies to South Bank's claim against Mr Conway as a director/trustee because the grant of the Lease and Underlease constituted a conversion of trust property to his use, so the claim is not statute-barred; clause 9 of the Room Leases imposed a continuing obligation on Hotels, which was breached on a continuing basis, entitling South Bank to damages; section 44(5) of the Companies Act 2006 does not validate the Lease and Underlease because the purchasers were not in good faith, and South Bank is not estopped from denying due execution; the issues of…
Source excerpt
The High Court dismissed liquidators’ insolvency claims over Project Chicago, holding the share-capital withdrawals were not an undervalue and the preference claim failed.
Cohen & Anor v Co-Operative Group Ltd & Ors [2026] EWHC 1228 (Ch) (21 May 2026)
The High Court considered whether Project Chicago share withdrawals and transfers were transactions at an undervalue or preferences under the Insolvency Act 1986.
The High Court dismissed a summary judgment application in an insolvency/company dispute, adjourned trial, and held the respondents had a realistic prospect of defending the claims.
Henderson & Jones Ltd v Chambers & Anor (Re Priors Group Ltd) [2026] EWHC 1152 (Ch) (14 May 2026)
Summary judgment on alleged misapplication of company funds was refused. The court held the defendants had realistic prospects of defence and adjourned trial after late evidence was admitted.
The High Court held that directors breached their duties by entering aggressive tax schemes without proper creditor consideration and ordered them to repay £436,500.
Barriball & Anor v Jackson & Anor (Re HSJ Consultancy Ltd) [2026] EWHC 1135 (Ch) (13 May 2026)
The High Court held that the directors of HSJ Consultancy Limited breached their duties by entering tax avoidance schemes while the company was insolvent or made insolvent.
The High Court held that payments by A & D Joinery Limited to its former owner were transactions at an undervalue and a partial breach of duty.
Gladwin v RSM UK Restructuring Advisory LLP & Ors [2026] EWHC 1043 (Ch) (07 May 2026)
The High Court struck out Mr Gladwin’s claim against RSM and former joint administrators as incoherent, abusive and unsupported, and made a three-year ECRO.
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