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England and Wales Case Law

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Insolvency [2026] EWHC 1135 (Ch)

Barriball & Anor v Jackson & Anor (Re HSJ Consultancy Ltd)

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.

  • Directors' duties
  • Breach of fiduciary duty
  • Creditor duty
  • Tax avoidance schemes
  • Limitation
  • Ratification of director conduct
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Professional negligence [2024] EWHC 2005 (Ch)

Tonstate Group Ltd & Ors v Rosling King LLP

Tonstate Group Ltd & Ors v Rosling King LLP [2024] EWHC 2005 (Ch) (31 July 2024)

The High Court rejected Rosling King LLP’s attempt to challenge the Duomatic ruling and left the claimants’ professional negligence claims to proceed to trial.

  • Solicitors' duty of care
  • Duomatic principle
  • Strike out applications
  • Summary judgment
  • Ultra vires acts
  • Ratification of director conduct
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Insolvency [2023] EWHC 197 (Ch)

Davidson & Ors v Looney (Re Kieran Looney & Co Ltd)

Davidson & Ors v Looney (Re Kieran Looney & Co Ltd) [2023] EWHC 197 (Ch) (02 February 2023)

The court found Mr Looney misapplied company funds, rejected his loan-account defence, and held the breaches of duty were not ratified or excused.

  • Director's fiduciary duties
  • Misfeasance
  • Unlawful distribution of capital
  • Director's loan account
  • Limitation in breach of trust
  • Ratification of director conduct
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Company law

Bhullar v Bhullar & Ors

Derivative claim over company payments to Torex succeeded in part. The court held Jat breached fiduciary duties, rejected Duomatic consent, and found equitable compensation was not time-barred.

  • Directors' fiduciary duties
  • Derivative actions
  • Conflict of interest
  • Ratification of director conduct
  • Limitation of actions
  • Directors-fiduciary-duties
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Company law [2010] EWHC 1539 (Ch)

Stainer v Lee & Ors

Stainer v Lee & Ors [2010] EWHC 1539 (Ch) (29 June 2010)

The High Court allowed a shareholder’s derivative claim to continue over allegedly improper loans from Kerrington Limited to Eldington Holdings Limited.

  • Derivative actions
  • Directors' duties
  • Breach of fiduciary duty
  • Ratification of director conduct
  • Constructive trusts
  • Minority shareholder protection
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Company law

Stainer v Lee & Ors

The High Court allowed a minority shareholder to continue a derivative claim over alleged directors’ breaches involving interest-free and unauthorised loans to a company controlled by a director.

  • Derivative actions
  • Directors' duties
  • Minority shareholder protection
  • Ratification of director conduct
  • Constructive trusts
  • Derivative-actions
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Company law [2008] EWHC 1534 (Ch)

Franbar Holdings Ltd. v Patel & Ors

Franbar Holdings Ltd. v Patel & Ors [2008] EWHC 1534 (Ch) (02 July 2008)

The High Court refused permission to continue a derivative claim, holding the dispute was better pursued through unfair prejudice and shareholder proceedings.

  • Derivative actions
  • Unfair prejudice
  • Shareholder disputes
  • Directors' duties
  • Ratification of director conduct
  • Inspection of court files
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Company law

Franbar Holdings Ltd. v Patel & Ors

The High Court refused permission for a derivative claim, but granted leave to inspect a related insolvency court file and allowed limited use of tax material.

  • Derivative claims
  • Unfair prejudice
  • Ratification of director conduct
  • Shareholder disputes
  • Inspection of court files
  • Disclosure of tax-related information
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Company law

Airey v Cordell & Ors

Minority shareholder derivative action over alleged diversion of corporate opportunities. The court held permission depends on whether a reasonable independent board would sue.

  • Derivative actions
  • Directors' fiduciary duties
  • Minority shareholder protection
  • Ratification of director conduct
  • Constructive trusts
  • Derivative-actions
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.