Barnett v Creggy [2014] EWHC 3080 (Ch)

January/February 2016 #156

This was a claim for an account and associated enquiries and for equitable compensation brought by Jeffrey and Peter Barnett (the claimants) against their former solicitor Stuart Creggy (Mr Creggy). The claimants were entrepreneurs in the restaurant business. Mr Creggy’s practice consisted of establishing offshore companies for clients and providing services to those clients in respect of depositing, investing and withdrawing funds held in those companies. Mr Creggy ceased to be a solicitor in 1998, but continued to provide those services until 2002.

The claimants were clien...

Re MF Global UK Ltd [2013] EWHC 1655 (Ch)

September 2013 #132

MF Global UK (MFG UK) went into administration and, as a result, all client funds were pooled and needed to be rateably returned to MFG UK’s clients. This had to be done in a timely fashion. There were a significant number of client claims which the administrators had rejected either in full or partially. There were also likely to be a significant number of clients whose details did not appear among MFG UK’s records but who would also have a valid claim. These difficulties meant that any distributions from the pooled trust monies could result in an over-distribution and the a...

Hughmans Solicitors v Central Stream Services Ltd & anr [2012] EWCA Civ 1720

March 2013 #127

Hughmans Solicitors (Hughmans) appealed from the decision of Briggs J that a debt owed to Hughmans, secured by a charging order, did not enjoy priority over the rights of Central Stream Services Ltd (in liquidation) (the company) and its liquidator arising from a Tomlin Order.

Hughmans had applied for an order for payment of £19,000 from the proceeds of sale of 3 Tisdal Place, London (the property). Hughmans claimed to be entitled to the payment on the basis of a judgment debt secured by a final charging order against the property. The company and its liquidator claimed a prior s...

Dominion Corporate Trustees Ltd & anr v Capmark Bank Europe plc [2010] EWHC 1605 (Ch)

December 2011 #115

The claimants were trustees of a Jersey property unit trust formed on 17 March 2006 as the vehicle for the purchase of warehouse premises (the property). It was arranged that the vendor of the property would transfer the property to the trustees in return for units, which would then be sold by the vendor to the purchasers. The purchasers were Cantabria Investments Limited (Cantabria) as to 99% of the units and Catalunya Investments Limited (a wholly owned subsidiary of Cantabria) as to 1%. Cantabria was partly owned by Glenmac Limited (Glenmac). Half of Glenmac’s share capital was ...