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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.
A double-derivative family company dispute failed: the court found no proven fraud, no actionable breach by a de facto director, and dismissed claims over cash, vendor rights and profits.
The Court of Appeal dismissed Smithton’s appeal, holding that Mr Naggar was neither a de facto nor shadow director and that section 190 CA 2006 did not apply.
Smithton Ltd v Naggar [2014] EWCA Civ 939 (10 July 2014)
The Court of Appeal dismissed Smithton’s appeal, upholding the finding that Mr Naggar was neither a de facto nor shadow director and that section 190 CA 2006 was not engaged.
The High Court held that a freezing-order injunction restraining competition with the family company could remain in force because the husband, as a shadow director, owed fiduciary duties.
The High Court found Nouman Hafiz was the controlling mind of QEB Metallics and liable for a VAT fraud scheme, with Aslam Peerzada also liable for part of the loss.
Lord v Sinai Securities Ltd & Ors [2004] EWHC 1764 (Ch) (21 July 2004)
The court refused to strike out a liquidator’s section 238 claim over a £6m compromise, but struck out the related section 239 preference claim.
The High Court refused to strike out a liquidator’s section 238 undervalue claim over a £6m compromise, but struck out the alternative section 239 preference claim.
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