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England and Wales decisions
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The High Court held that Neil Macpherson was a de facto and shadow director, the company was insolvent, and most challenged payments were recoverable.
Permission to amend was refused because the Defendant has a reasonably arguable defence on limitation for both the fraudulent breach of trust and other proposed claims, and the other proposed claims do not arise out of substantially the same facts as the original claim. The court declined to allow amendments on a Mastercard basis, requiring the Claimant to issue a new claim if it wishes to pursue the new causes of action.
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Fay of London Ltd v Axis Speciality Europe [2025] EWHC 1334 (Ch) (30 May 2025)
The court considered an application to amend pleadings in a claim under the Third Parties (Rights Against Insurers) Act 2010. Permission was granted only for fraudulent breach of trust.
The judgment debt survives Mr O’Leary’s discharge from bankruptcy because it was incurred in respect of his fraudulent breach of trust, as found in the Jersey Judgment. Permission under s.285(3) Insolvency Act 1986 is granted as the relief sought does not affect bankruptcy assets or prejudice the bankruptcy process. Immediate Bacci v Green-type relief is not granted due to insufficient evidence about the pension; instead, directions are given for further evidence, and an undertaking is accepted from Mr O’Leary not to deal with his pension pending the adjourned hearing. Alternative service by…
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Cohen & Ors v O'Leary & Ors (Re Insolvency Act 1986) [2023] EWHC 1939 (Ch) (26 July 2023)
The High Court held that a judgment debt based on fraudulent breach of trust survived bankruptcy discharge, granted s.285(3) permission, and adjourned pension enforcement relief.
A financial remedies judgment found extensive non-disclosure and dishonest conduct by the husband, varied two family trusts, and granted the wife relief.
Rose v Rose & Ors [2022] EWFC 192 (25 November 2022)
A Family Court judge found a husband had dishonestly concealed and moved assets through trusts and companies, and ordered variation of the trusts and financial relief for the wife.
Commercial Court judgment in a hotel-portfolio dispute involving nominee allegations, fiduciary breach, dishonest assistance, and limitation defences.
Claims Direct PLC v Hinton [2021] EWHC 1613 (Ch) (18 June 2021)
The High Court allowed Claims Direct Plc’s appeal against rejection of its proof of debt, finding deceit and admitting the claim for £9.75 million.
The court ordered John Henry Popely to pay the claimants’ costs as a non-party, but refused to make Cosmos Trust Limited liable for costs.
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