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Cases Matthew Collings

VB Football Assets v (1) Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) (2) Owen Oyston (3) Karl Oyston (4) Blackpool Football Club Ltd (2019)

Judgment Date: 13 Feb 2019

With a view to satisfying a substantial judgment debt owed to the petitioner, it was appropriate to appoint receivers by way of equitable execution over certain assets belonging to the first and second respondents.

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Members
Matthew Collings KC

Prince Arthur Ikpechukwu Eze v Conway & Anor (2019)

Judgment Date: 06 Feb 2019

A contract for a property purchase was not void or voidable despite the vendors' agreement to pay the acquisition agent a fee without the buyer's knowledge. The agent's relationship to the buyer was not such as to engage the law on bribery and secret commissions, so the agreement could not constitute a promise of a bribe or secret commission.

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Members
Matthew Collings KC

Deansgate 123 LLP v (1) Ian Garth Workman (2) Ian Grant Workman : Carol Ann Forrester (As Executrix Of The Estate Of Susan Margaret Workman) v (1) Ian Garth Workman (2) Ian Grant Workman (2019)

Judgment Date: 11 Jan 2019

Applications under the Insolvency Act 1986 s.423 to set aside a transfer of property were not struck out as an abuse of process where they had been brought subsequent to the determination of the issue of the validity of the transfer. The question of validity was separate from the issue of whether the transfer should be set aside. It was therefore not the case that the s.423 applications should have been brought as part of the earlier proceedings.

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Members
Matthew Collings KC

Practice areas
Insolvency & Restructuring
Real Estate

VB Football Assets v Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) & Ors (2018)

Judgment Date: 23 May 2018

The court refused to discharge or vary a freezing order imposed on a judgment debtor to protect a petitioner pending its enforcement of the debt. The debtor had not taken steps to realise its assets in order to satisfy the debt and charging orders held by the petitioner over the debtor's shares could not prevent them from being transferred away for insufficient value. There was therefore a real risk of dissipation of the debtor's assets and justification for maintaining the freezing order.

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Members
Matthew Collings KC

Oyston v (1) Asker (2) SHCE Limited (2018)

Judgment Date: 13 Mar 2018

An interim injunction preventing a High Court enforcement officer from entering two residential premises to take goods to satisfy a large judgment debt was continued where there was a serious issue to be tried as to the proper construction of the Tribunals, Courts and Enforcement Act 2007 Sch.12 and whether under a warrant issued under para.15, force could be used to enter the properties.

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Members
Matthew Collings KC

VB Football Assets v (1) Blackpool Football Club (Properties) Ltd (Formerly Segesta Ltd) (2) Owen Oyston (3) Karl Oyston (4) Blackpool Football Club Ltd (2018)

Judgment Date: 05 Feb 2018

Judgment debtors were refused an extension of time to make payments in instalments where they had failed to meet the first due date. They had been unable to sell assets, permission to appeal against the judgment had been refused, and the creditor was prejudiced by continuing to be denied his money. The court removed the provision for staged payments and allowed the creditor to take whatever steps it considered necessary to enforce the judgment.

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Members
Matthew Collings KC

Terry Simou v Michael Salliss & ors (2017)

Judgment Date: 28 Apr 2017

A trial judge had not erred in refusing two applications to adjourn a trial on the ground of the ill-health of one of the defendants. Although the judge had failed properly to deal with the first application, the defendants had not suffered any injustice as a result, and they had deliberately tried to take advantage of a health scare to mislead the court and secure an adjournment by improper means.

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Members
Matthew Collings KC

Desmond Gunewardena v Conran Holdings Ltd (2016)

Judgment Date: 22 Nov 2016

If members of a company amended its articles of association by special resolution, but filed an incorrect version of the articles at Companies House, that did not affect the validity of the amended articles. Their status did not depend on registration.

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Members
Matthew Collings KC

Practice areas
Company, Partnerships & LLPs

Apex Global v FI Call (2016)

Judgment Date: 05 Aug 2016

The High Court set aside a default judgment awarded against a businessman where a company claimed that he had failed to pay money due under a share purchase agreement, notwithstanding the Supreme Court had dismissed his appeal. Fresh evidence had arisen during the counterclaim concerning the company director's failure to keep proper accounts, which clearly showed that the businessman had fulfilled his obligations under the agreement.

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Members
Matthew Collings KC
Oliver Phillips

Patel v Mirza (2016)

Judgment Date: 20 Jul 2016

A claimant who satisfied the ordinary requirements of a claim for unjust enrichment should not be debarred from enforcing his claim simply because he was seeking to recover money paid pursuant to a contract to carry out an illegal activity. The rule in Tinsley v Milligan [1994] 1 A.C. 340 was no longer to be followed.

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Members
Matthew Collings KC

FHR European Ventures LLP v Mankarious & Cedar Capital (2016)

Judgment Date: 02 Mar 2016

The court examined the principles of tracing and determined that where a fiduciary had paid trust money into one account and its own money into another account held at the same bank, the funds could not be said to have been mixed. In such circumstances, the principles of tracing established in Hallett's Estate, Re (1880) 13 Ch. D. 696 rather than those established in Oatway, Re [1903] 2 Ch. 356 applied.

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Members
Christopher Pymont KC*
Matthew Collings KC

Practice areas
Private Client

Apex Global v F1 Call (2015)

Judgment Date: 11 Nov 2015

The court granted a member's petition for a company to be wound up on just and equitable grounds where other members had breached their fiduciary duties, failed to keep company records, and misled members and investors. Those defaults also constituted unfairly prejudicial conduct under the Companies Act 2006 s.994.

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Members
Matthew Collings KC
Oliver Phillips

WH Smith Travel Holdings Ltd v Twentieth Century Fox Home Entertainment Ltd (2014)

Judgment Date: 26 Oct 2014

The claimant retailer succeeded in its claim for monies due under a contract for the supply of films for sale in its stores.

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Members
Matthew Collings KC

Ashwood Enterprises Ltd & Ors v The Governor & Company of Bank of Ireland & Ors (2014)

Judgment Date: 29 Jul 2014

On its proper construction, a third party legal charge was not restricted to securing the original £27 million loan facility granted by a bank to a property development company, but extended to further loan facilities, an overdraft, and loan facilities extended to related companies.

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Members
Matthew Collings KC
Rosanna Foskett

FHR European Ventures LLP & Ors v Cedar Capital Partners LLC (2014)

Judgment Date: 09 Jul 2014

Where an agent received a bribe or secret commission in breach of his fiduciary duty to his principal, he held that bribe or secret commission on trust for his principal, meaning that the principal had a proprietary claim to it.

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Members
Christopher Pymont KC*
Duncan McCombe
Matthew Collings KC

In the Matter of Pan Ocean Co Ltd v Pan Ocean Co Ltd & Ors (2014)

Judgment Date: 30 Jun 2014

A notice terminating an English law contract on the insolvency of a Korean company was not "the commencement or continuation of individual actions or individual proceedings" which could be stayed by the court under the Cross-Border Insolvency Regulations 2006 Sch.1 art.21(1)(a). The court's power under art.21(1) to grant "any appropriate relief" did not extend to relief which would not be available to the court in a domestic insolvency.

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Members
Alec McCluskey
Matthew Collings KC

Liquid Investments Ltd v Revenue & Customs Commissioners (2014)

Judgment Date: 25 Mar 2014

An appellant who had instructed a third party to import a car into the United Kingdom did not have locus standi to bring an appeal against a binding tariff information issued by the commissioners to the third party because it was not the "holder" of the BTI. The third party was substituted as the appellant under Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 r.9.

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Members
Matthew Collings KC

Michael Salliss v Stephen Hunt (2014)

Judgment Date: 10 Feb 2014

A deputy registrar had erred in dismissing a discharged bankrupt's application for annulment of his bankruptcy on the basis that his main creditor bank remained unpaid, as the bank had told the trustee in bankruptcy clearly and unequivocally that it did not intend to prove for its debt. The registrar had also adopted a flawed approach to the trustee's application to change the basis of his remuneration from a percentage basis to remuneration by reference to time properly spent.

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Members
Matthew Collings KC

Ticketus LLP & Ors v Craig Whyte & Ors (2013)

Judgment Date: 05 Apr 2013

When answering a questionnaire as part of a due diligence exercise prior to entering into a series of contracts, a defendant was guilty of fraudulent misrepresentation when he stated that he had not been disqualified as a director, knowing that answer to be false. Alternatively, he was reckless and negligent in failing to check the accuracy of the answers.

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Members
Matthew Collings KC

Practice areas
Commercial Disputes

FHR European Ventures LLP v Ramsey Makarious (2013)

Judgment Date: 29 Jan 2013

The Court of Appeal reviewed the law applicable to secret profits made by fiduciaries in breach of duty, and considered whether a constructive trust arose in favour of the principal.

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Members
Christopher Pymont KC*
Matthew Collings KC

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