England and Wales Case Law

IAHP Group Holdings Limited (in Liquidation), Re

The Respondents, as directors, breached fiduciary and statutory duties by unlawfully diverting company funds for personal benefit, failed to maintain proper records, and attempted to disguise their conduct. The alleged shareholder loans are not substantiated by contemporaneous evidence and do not justify set-off. There is a real risk of asset dissipation, justifying the grant of a proprietary injunction, worldwide freezing order, and disclosure order, with a capped cross-undertaking in damages.

Source excerpt

• Directors' duties
• Misfeasance
• Proprietary injunction
• Freezing order
• Asset dissipation
• Fiduciary obligations

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Manolete Partners Plc v Graham Dowell Brown & Ors (Re New Line Polymers Limited (in liquidation)) )

The High Court partly upheld claims against Graham Brown arising from company payments and card use, but dismissed claims against Thomas Brown and Toni Brown.

• Directors' duties
• Misfeasance
• Transactions at undervalue
• Fiduciary obligations
• Unjust enrichment
• Directors-duties

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MTA Personal Injury Solicitors LLP v Wiseglass

MTA Personal Injury Solicitors LLP v Wiseglass [2024] EWHC 2208 (Ch) (23 August 2024)

The High Court partly granted a review of a former administrator’s remuneration order, setting aside the remuneration and disbursements provisions for detailed assessment.

• Administrator remuneration
• Office-holder duties
• Review of court orders
• Fiduciary obligations
• Disclosure obligations
• Insolvency

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Xie v Meng & Ors

Xie v Meng & Ors [2022] EWHC 1819 (Ch) (20 July 2022)

Unfair prejudice petition over a bubble tea business: the court found no binding June or August agreement, upheld the petition, and held the petitioner’s loan was repayable on demand.

• Unfair prejudice
• Shareholder rights
• Directors' duties
• Fiduciary obligations
• Share allotment
• Trademark transfer

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Select Lifestyles Ltd & Ors v Norman & Anor

Select Lifestyles Ltd & Ors v Norman & Anor [2022] EWHC 2159 (Ch) (13 July 2022)

The High Court granted summary judgment requiring a fiduciary account, finding the existing FAR report inadequate and ordering costs on the standard basis.

• Duty to account
• Summary judgment
• Fiduciary obligations
• Costs orders
• Interim relief
• Duty-to-account

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Equitas Ltd & Anor v Sande Investments Ltd & Ors

Equitas Ltd & Anor v Sande Investments Ltd & Ors [2021] EWHC 631 (Comm) (19 March 2021)

The High Court held that Senator’s run-off collections created continuing duties to remit and account to Equitas, and rejected the defendants’ limitation defence.

• Brokers' duties
• Assignment of claims
• Limitation periods
• Restitution
• Fiduciary obligations
• Implied contract

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Howes v Howes

The High Court ordered an executor to account for the Crozier estate, finding the beneficiary had an indirect interest, but held no further account was needed for the Howes estate.

• Executor's duty to account
• Beneficiary rights
• Fiduciary obligations
• Estate accounts
• Probate
• Trusts

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Hall v Saunders Law Ltd & Ors

The High Court summarily dismissed a funder’s claim that solicitors had a duty to report pessimistic counsel advice. No contractual, tortious, fiduciary, or deceit claim was sustainable.

• Solicitor duties to litigation funders
• Interpretation of tripartite funding agreements
• Summary judgment principles
• Implied contractual terms
• Fiduciary obligations
• Deceit (fraudulent non-disclosure)

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Devon Commercial Property Ltd v Barnett & Anor

Devon Commercial Property Ltd v Barnett & Anor [2019] EWHC 700 (Ch) (26 March 2019)

High Court trial judgment on alleged breaches of duty by LPA receivers selling mortgaged property. The claimant failed to prove conflict, improper purpose, or undervalue.

• Duties of lpa receivers
• Sale of mortgaged property
• Fiduciary obligations
• Best price duty
• Conflict of interest
• Lpa-receivers

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Kent v Paterson-Brown & Anor

The High Court dismissed claims that WPB acted as Kent’s agent, trustee, or adviser in a series of share investments, and rejected a knowing receipt claim against TPB.

• Agency relationship
• Purchase trust
• Share trust
• Advisory duty
• Knowing receipt
• Governing law

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