Singularis, through its liquidators, sued Daiwa for breach of the Quincecare duty after its sole shareholder fraudulently directed payments totalling US$204m from the company's account. The Supreme Court held that the fraudster's conduct could not be attributed to the company to defeat the claim, upholding the bank's liability for negligence....
A director of a dental company acquired dental practices for herself rather than for the company. The Court of Appeal held she was not in breach of fiduciary duty because shareholders had acquiesced at a family meeting with full knowledge of the material facts. Silence in the circumstances amounted to...
Marex obtained judgment against two companies controlled by Mr Sevilleja, who then stripped their assets to prevent payment. Marex sued Mr Sevilleja personally for economic torts. The Supreme Court clarified that the reflective loss principle only prevents shareholders claiming for diminution in share value reflecting company losses, and does not...
The SFO applied to prefer a voluntary bill of indictment against Barclays following dismissal of charges relating to capital raisings in 2008. The court refused, holding that senior executives were not the 'directing mind and will' of the company for completing the transactions, as ultimate authority remained with the Board...
The Secretary of State sought disqualification orders against directors and alleged de facto directors of Amba companies and Nextime. The court analysed what constitutes a de facto director, finding that Jayson Hollier was not a de facto director despite assisting his father's business, but that Adrian Hollier and Mrs Hollier...
Directors' disqualification proceedings against two individuals who controlled three insolvent companies. They diverted company funds to other businesses in which one had interests, causing substantial creditor losses. Both were found unfit as directors for failing to respect corporate personality principles and were disqualified for seven and eleven years respectively. Facts...
Craig Whyte, former director of Rangers Football Club and Tixway Limited, was disqualified from being a company director for 15 years. The court found his conduct demonstrated dishonesty, breach of fiduciary duties, misuse of company funds, and wilful disregard for creditors' interests and administrative duties. Facts The Secretary of State...
The Secretary of State sought disqualification orders against directors of UKLI Limited, a land banking company that collapsed with a deficiency exceeding £70 million. The First Defendant, Mr Chohan, was found to be a de facto or shadow director who operated an unauthorised collective investment scheme contrary to FSMA 2000,...
This appeal raised two issues of planning law concerning environmental protection and large-scale residential development. Issue 1 was whether regulation 63 of the Conservation of Habitats and Species Regulations 2017 (“the Habitats Regulations”) requires an appropriate assessment before a local planning authority discharges conditions attached to a reserved matters approval....
The appeal concerned the meaning of “crematorium” in section 2 of the Cremation Act 1902 for the purpose of the “radius clause” in section 5, which prohibits siting a crematorium within 200 yards of a dwelling house or 50 yards of a public highway. The central question was the point...
A Palestinian family of six living in Gaza applied for entry clearance to the UK to join their sponsor, the father’s younger brother, a British citizen. The Court of Appeal allowed the Secretary of State’s appeal, holding that the tribunals below had applied the wrong legal test for family life...
Four asylum seekers challenged the Secretary of State for the Home Department’s decisions to accommodate them at Wethersfield, a former RAF base in Essex, arguing the accommodation was inadequate for their needs and that the systems and policies governing allocations were unlawful. The Court rejected the systemic challenges to the...
The Secretary of State for Northern Ireland challenged a coroner's decision to disclose gists of information from documents subject to Public Interest Immunity certificates relating to a 1994 murder in Belfast. The Supreme Court established that courts reviewing PII decisions must form their own view of the public interest balance...
A young girl and her father challenged Christian religious education and collective worship in a Northern Ireland primary school as contrary to Article 2 Protocol 1 ECHR. The Supreme Court held that the core syllabus was not objective, critical and pluralistic, and the parental right of withdrawal was insufficient to...
Charles Saatchi sought permission to continue a derivative claim on behalf of Triptych Logistics Limited against its sole director, Rahul Gajjar, alleging misappropriation of company assets including unauthorised loans, payroll payments, vehicle purchases, and credit card misuse. The court granted permission, finding sufficient merit in the claims. Facts Charles Saatchi...
Mr Rwamba, twice disqualified as a company director (the second time for breaching conditions of earlier leave to act), appealed refusal of leave under s.17 Company Directors Disqualification Act 1986 to act as director of two companies. The High Court allowed the appeal, holding the judge wrongly gave extra weight...
A property sale contract was purportedly made with a company that had not yet been incorporated. The claimant sought to hold the defendants personally liable under Section 36C of the Companies Act 1985. The defendants argued the contract contained an 'agreement to the contrary' excluding the statutory effect. The court...
Rock, a minority shareholder, petitioned under s.459 Companies Act 1985 alleging unfair prejudice when the majority shareholder ISS caused the company to sell its subsidiary at an alleged undervalue. The Court of Appeal dismissed the appeal, finding no undervalue as the sale price represented the best reasonably obtainable price. Facts...
Mr Holland directed 42 composite companies through a corporate director structure. When the companies became insolvent owing corporation tax, HMRC sought to hold him personally liable as a de facto director. The Supreme Court held that acting solely as director of a corporate director did not make him a de...
Directors of Regal used their position to acquire shares in a subsidiary company, Amalgamated, which they subsequently sold at profit. The House of Lords held that directors in a fiduciary position must account for profits made by reason of that position, regardless of good faith or whether the company suffered...
A dispute over costs following litigation concerning recovery of a 'disturbance payment'. Both parties appealed the judge's costs order. The Court of Appeal dismissed both appeals, finding the judge properly exercised his discretion considering the chronology of offers, conduct of parties, and Part 36 offer implications. Facts The Claimant (Thinc...
An administrator of a company in insolvency was charged under TULRCA for failing to notify the Secretary of State of redundancies. The Supreme Court held that an administrator is not an 'officer' of the company within section 194(3), applying a constitutional rather than functional test to the meaning of 'officer'....
Hunter and Smith operated a ticket touting business using bots and false identities to bulk-purchase tickets in breach of vendors' terms, then resold them at inflated prices on secondary websites without warning consumers of cancellation risks. Their convictions for fraudulent trading under s.993 Companies Act 2006 were upheld, establishing that...
P&ID sought costs to be awarded in naira following Nigeria's successful challenge to fraudulent arbitration awards worth over $11 billion. The Supreme Court held that costs should be awarded in sterling, being the currency in which Nigeria's solicitors billed and were paid, rejecting the argument that costs should reflect the...
A geotechnical company was convicted of corporate manslaughter after an employee died when an unsupported 3.5 metre trial pit collapsed on him. This was the first conviction under the Corporate Manslaughter and Corporate Homicide Act 2007, establishing that small companies with a sole controlling director can be liable for gross...