CA-2025-000783 - [2025] EWCA Civ 986

Mold is the owner and occupier of Parry’s Quarry in Flintshire, North Wales (“the Quarry”). Between May 2020 and December 2021 (“the Relevant Period”) Mold had a permit from Natural Resources Wales for certain types of waste management operation and temporary waste storage at the Quarry, but it had no permit for the permanent disposal of waste at the site. Large volumes of waste were unlawfully dumped at the Quarry during the Relevant Period. The remedial costs are said to exceed £50 million.

Mr Holloway and the Second Defendant, Andrew Jacques, were the directors of Mold from 10 June 2015 and 12 March 2015 respectively until (on Mold’s case) 20 December 2021, when their appointments were terminated by resolutions passed by Mold.

Mold claims equitable compensation and damages against Mr Holloway and Mr Jacques for causing or permitting the permanent disposal of controlled waste at the Quarry contrary to the terms of its permit in the Relevant Period. This is alleged to have involved breaches by Mr Holloway and Mr Jacques of their directors’ duties under the Companies Act 2006.

Mr Holloway and Mr Jacques both deny liability. Mr Holloway denies that he caused or permitted the disposal of waste at the Quarry during the Relevant Period. He denies that he was involved in the day-to-day activities at the Quarry, saying his role was limited to that of a non-executive director, who rarely visited the Quarry. He says that the Quarry was run by others, including Steve Amos, and that he understood from those involved in day-to-day management that the Quarry was being properly run. (Mr Holloway’s case as to Mr Amos’ role is further explained below.) He denies that he knew about the alleged illegal dumping operations. He says that any control he had over Mold’s activities at the Quarry ended in late November 2021, when he alleges that control of Mold was seized by its current director Sean O’Grady.

Mr Jacques also denies that he caused or permitted illicit dumping at the Quarry during the Relevant Period. He too denies he was involved in day-to-day activities at the Quarry. His case is that he was forced to relinquish his rights and powers as a director of Mold in February 2021, following threats allegedly made by and/or arson attacks allegedly orchestrated by the Second Third Party, Patrick Hughes, who is the current owner of 99.9% of the shares in Mold and whom Mr Jacques alleges was a shadow or de facto director of Mold from April 2016 onwards.

Although Mold’s claim was originally brought solely against Mr Holloway and Mr Jacques, Mold subsequently joined Ellie-Mae Holloway (Mr Holloway’s daughter), Jack Holloway (Mr Holloway’s son), Adam Holloway (Mr Holloway’s brother), Ian Fenny and Thorncliffe Building Supplies Ltd (“TBS”) as defendants to the claim. Ellie-Mae, Jack and Adam Holloway are all alleged to have worked for Mold during the Relevant Period, as is Mr Fenny. TBS is a building supply and waste management company which was a customer of Mold and is alleged to have been involved in the illegal waste disposal. Mold’s claim against these Defendants is for dishonest assistance. Among other allegations, Mold alleges that Adam Holloway accepted payment for the illicit dumping of waste at the Quarry. Adam Holloway denies this.

The dumping of waste at the Quarry has resulted in a criminal prosecution against Mold, Mr Holloway and Mr Jacques. Mold has pleaded guilty to the charges against it. Mr Holloway and Mr Jacques pleaded not guilty, and the charges against them have yet to be determined.