CR-2024-000675 - [2025] EWHC 2069 (Ch)

As part of the detailed investigations which have been carried out by the Liquidators into the affairs of the Company, there has been substantial correspondence between the parties which was initiated by the letters dated 18 September 2024 sent by the Liquidators’ solicitors to each Respondent. In those initial letters, in order to explain the Respondent’s alleged liability to restore funds to the Company, the various payments in and out of the Company’s bank account were labelled Category A to M Payments. The same Categories are used in the Particulars of Claim.

The Particulars of Claim set out the Liquidators’ case on breach of duty and their case in support of the proprietary claim namely that the Respondents are constructive trustees for the Company in respect of the ‘Diversions’ specified in Categories B-D and F-M.