D.2 Carter & Carter
D.2 Carter & Carter
Peter Marples was formerly a Senior Partner at KPMG and led its education practice from 1999 to 2002. In November 2002, he resigned from KPMG to join a small regional training provider called ASSA Training and Learning Ltd (“ASSA”). Peter Marples led a management buyout of the company and subsequently sold it on to Carter & Carter Group plc. In March 2008, Carter & Carter entered into administration, to much publicity. The business was the largest provider of apprenticeships in the sector. Its closure caused serious disruption and required the SFA’s predecessor (the Learning Skills Council) to intervene to allocate learners to other providers. The Carter & Carter Chairman, Mr Rodney Westhead, made comments to the press blaming the business’s demise on the acquired ASSA business and irregularities which had been discovered with its data and records.
The failure of Carter & Carter, and Mr Marples’ association with the firm, were well known in the sector and at the SFA. The SFA was anxious that lessons should be learnt from the experience and the serious disruption caused should not be permitted to happen again.
- Heading
- Introduction
- B. The witnesses
- Expert evidence of Vivian Cohen
- C.2 The relevant principles
- C.3 The facts of this case
- C.4 Decision
- D.1 The SFA
- D.2 Carter & Carter
- D.3 The Company and the Funding Agreement
- D.4 2015: The proposed Inflexion acquisiton, Information Memorandum and Baker Tilly report
- D.5 Appointment of Sir Peter Lauener
- D.6 Nick Linford and FE Week
- D.7 2016: The Apprenticeship Levy and proposed Non-Levy Cap
- D.8 Autumn/Winter 2016: The Trilantic Acquisition
- D.9 December 2016: The ‘blood pressure’ email
- D.10 The 13 December 2016 meeting
- D.11 December 2016 – January 2017: The Decision Letter and aftermath
- D.12 Further attempts to sell the business
- D.13 2017-2018: Emergence of irregularities in 3AAA’s records
- E. Misfeasance in public office
- E.2 The pleaded claim
- E.3 Targeted malice - a specific intent to injure
- E.4 Discussion – targeted malice
- E.5 Discussion - untargeted malice
- F. The claim in negligence
- F.1 A duty of care
- F.2 Pure economic loss
- F.3 Assumption of responsibility
- F.4 Communications crossing the line
- F.5 The task
- F.6 A White v Jones lacuna
- F.7 Conclusion on duty of care
- G. Loss
- H.1 “Net Cash Consideration”
- H.2 Value of Claimants’ shares in December 2016
- H.3 The significance of data manipulation
- Conclusions
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