Representation before me
24.Mr Richard Wormald KC, leading Mr Oliver Phillips, appeared for the Petitioner. Mr Robert Mundy appeared for the first three respondents (the “Relevant Respondents”). As I have said, the fourth and fifth respondents were not represented and did not appear.25.I am grateful to both Counsel teams for their helpful written and oral submissions, and the additional trial aid documents that they prepared during, and indeed after, the trial itself. 26.I should also record my thanks to Thomas Mansfield, for their management, I am sure in co-operation with Geldards LLP (solicitors for the Relevant Respondents), of the paper and electronic bundles that were used during the trial, and documents as they appeared during the trial. It was, however, unfortunate that the correspondence, in particular, was not arranged chronologically but was scattered across a number of the files and that although there was an apparent basic structure to the files, containing what I am told contain over 15,000 pages, it was not always easy to locate documents.
- Approved Judgment
- Introduction
- The Disputed Strip
- Representation before me
- The direction for a split trial and the trial before me
- The Hughes’ family and an overview of some of the Hughes’ businesses
- Portbond and LWC: Directors, shareholders and entry into administration
- The alleged acts of, or conduct of the Companies’ affairs, said to amount to unfair prejudice: summary
- Unfair prejudice
- [630]
- [631]
- [11]
- [12]
- Gamlestaden Fastigheter AB v Balti Partners Ltd
- Statements of case and amendment
- Approach to the Evidence
- Gestmin SGPS SA v Credit Suisse (UK) Ltd
- Lachaux v Lachaux
- Carmarthenshire County Council v Y
- Kimathi v Foreign and Commonwealth Office
- Gestmin:
- iii) Carmarthenshire County Council:
- Armagas Ltd v Mundogas SA
- Armagas v Mundogas
- The Ocean Frost,
- Charlie Pickering
- Mr Gregory
- David Clarkson
- Charles Hughes
- James
- Mr Greg Lacey: Expert
- Conduct in relation to other Hughes’ family companies
- 7,500
- Allegations in the Petition regarding alleged “cash sales” (stock sold for unaccounted cash); false allegations concerning, and unfair investigation of, payments to Lisa; removal of Lisa and Charlie from the Companies; legal proceedings against Lisa known to be on a false basis
- Cash sales
- Dismissal/Removal of Lisa
- (3) Investigation
- Causing the company to issue proceedings against Lisa
- Dismissal of Charlie from employment
- Directors’ loan accounts and the alleged cash sales of stock
- Lisa Pickering
- Repayment
- Proceedings
- Conclusion
- Charlie Pickering’s dismissal
- Cash Sales: conclusions
- Conclusions: investigations and removal of Lisa, the Recovery Proceedings
- Conclusion: dismissal of Charlie Pickering
- Benefits alleged to be taken from the Company by the Relevant Respondents: Funding of “extravagant personal lifestyles”
- (a) Salaries: John’s salary including Lorraine’s salary; James’ salary; Charles’ salary
- (b) Company credit card expenditure of John and Charles
- (c) Car expenditure
- Horse related expenditure
- Gallops:
- (e) Child support agency payments
- Payments to James for investment in his property business
- The evidence
- Discussion and conclusions
- General conclusion: allegation of financial support to fund extravagant personal lifestyles.
- Allegations relating to the Pre-Pack sale: summary
- The facts: the path to administration
