KB-2025-001160 - [2025] EWHC 2369 (KB)

In the meantime, on 18 March 2024, LLC issued proceedings in the North Carolina General Court of Justice, Superior State Court Division, against Corinthia, Mr Fowler and Ms Tucker (“the US Defendants”). In summary, LLC alleges that the US Defendants undertook an unlawful “corporate raid” which involved conspiring for more than seven months, setting up a competitor – Corinthia - while still employed by LLC, arranging for the coordinated departure of 22 members of Barings’ GPF Group including the 12 EMEA GPF employees, and concealing these matters from Barings LLC in breach of duty. Although he is mentioned several times in the pleaded case as one of the three key organisers of the corporate raid, proceedings against Mr Wheeler were prevented by section 15C of the Civil Jurisdiction and Judgments Act 1982.

Between 13 and 17 May 2024, each of the US Defendants filed motions to dismiss and, on 12 June 2024, LLC filed an Amended Complaint. On 12 July 2024, Corinthia (which was incorporated in England) then filed a motion to stay the proceedings on the basis of forum non conveniens, arguing that the case should be dealt with in England.

On 13 February 2025, the motions to dismiss and to stay were determined by the North Carolina Court. The motion to dismiss was successful in part but the motion to stay was dismissed. The upshot is that the proceedings in North Carolina brought by LLC are ongoing. In those proceedings, LLC makes the following claims:

Mr Fowler and Ms Tucker have since filed answers and counterclaims to the Amended Complaint, and LLC has filed responses to these pleadings. The US proceedings are now near the end of the “fact discovery” phase, as part of which witnesses may provide depositions. That process has been ongoing since April 2025 and Mr Wheeler has agreed to be deposed on 19 September 2025 in New York.