On Friday 13 April 2018, Mr Justice Morgan handed down judgment in Instant Access Properties Ltd (In Liquidation) v Rosser [2018] EWHC 756 (Ch), dismissing all claims against the Defendants.
The Claimant alleged that arrangements between it and other companies held by its ultimate beneficial owners constituted tax evasion and a fraud on the Claimant. The Claimant alleged breaches of fiduciary duty on the part of the de jure director and the allegedly de facto and shadow directors. It alleged that its professional advisers had dishonestly assisted those breaches of fiduciary duty, and that all Defendants had conspired to injure it by unlawful means. It also alleged negligence against its professional advisors, and claimed contribution against all Defendants pursuant to section 213 of the Insolvency Act 1986.
All claims were dismissed against the Defendants, along with all allegations of dishonesty against the professional advisors.
Mark Simpson QC and Niamh Cleary appeared, with Isabel Barter of 2 Temple Gardens, for the Fourth Defendant, Jeffcote Donnison LLP.
Joseph Farmer, led by Edmund Cullen QC of Maitland Chambers, appeared for the Fifth Defendant, Mr Philip Donnison.
Both teams were instructed by DAC Beachcroft LLP.
