McTear and Another v Engelhard and Others: ChD 10 Apr 2014

The court heard a dispute as to inter-company transactions between two companies in a group of companies, all owned and controlled by members of the same family. The Claimants contended that the transactions gave rise to a debt owed by the holding company to one of the subsidiaries, and to claims against the directors of the subsidiary for breaches of the duties that they owed to the subsidiary (and to its creditors). The Defendants contended the contrary, and that the Claimants were estopped from bringing these claims in any event.

Richard Spearman QC
[2014] EWHC 1056 (Ch)
Bailii

Company, Estoppel

Updated: 02 December 2021; Ref: scu.523661