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Deg-Deutsch Investitions Und Entwicklungsgesellschaft Mbh v Koshy (No 3) Gwembe Valley Development Co Ltd v Same (No 3): ChD 26 Oct 2001

A claim against a company director which alleged a misapplication of company assets involving a fraudulent, or dishonest breach of trust, was not subject to a limitation period. A company was alleged to have fraudulently hidden certain profits. The section applied and there is no limitation period. Judges: Mr Justice Rimer Citations: Times 10-Dec-2001 Statutes: … Continue reading Deg-Deutsch Investitions Und Entwicklungsgesellschaft Mbh v Koshy (No 3) Gwembe Valley Development Co Ltd v Same (No 3): ChD 26 Oct 2001

In re Pantone 485 Ltd: ChD 29 Nov 2001

The respondent Bain was a director of a number of connected companies, including Smarturgent and Pantone, both of which he indirectly controlled. The liquidator of both companies brought proceedings against Bain on a number of claims for breach of duty as a director, including that he had caused Smarturgent to spend a total of over … Continue reading In re Pantone 485 Ltd: ChD 29 Nov 2001

Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

The company sought to recover from the defendants, two former directors. Held: The claim was statute barred.Hodge QC dealt with the claimant’s reliance on section 32: ‘That leaves the claimant’s reliance upon section 32. There the difficulties that the claimant faces are that there are no facts sufficiently asserted to give rise, in my judgment, … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: ChD 5 Sep 2014

Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016

The company, now in liquidation sought to claim for the alledged misapplication by former directors of its funds in 2007. It now appealed against a summary rejection of its claim as time barred. Held: The appeal succeeded. Section 21(1)(b) provides that no period of limitation prescribed by the Act applies to an action by a … Continue reading Burnden Holdings (UK) Ltd v Fielding and Another: CA 17 Jun 2016

Cave v Robinson Jarvis and Rolf (a Firm): HL 25 Apr 2002

An action for negligence against a solicitor was defended by saying that the claim was out of time. The claimant responded that the solicitor had not told him of the circumstances which would lead to the claim, and that deliberate concealment should extend the limitation period. Held: Brocklesby was wrongly decided. Section 32 should deprive … Continue reading Cave v Robinson Jarvis and Rolf (a Firm): HL 25 Apr 2002