
High Court ruling: Manager overpaying himself from company account deemed a true trustee
Businesses that fall victim to employee fraud have increased their recovery prospects, thanks to a judgment of the High Court in Glenea Contracts Limited v Philip Friel [2024] EWHC 1243 (Ch), approved yesterday (22nd May) following a three-day trial before Deputy Master Scher on 8-10 May 2024 involving allegations of fraud and misuse of confidential information.
The High Court’s decision highlights that employees who abuse a position of trust to take extra money from their employer may, depending on the circumstances, be held liable as fiduciaries and trustees.
Such a finding would give the employer the following additional protections:
Glenea, a civil engineering company, sued its former Commercial Manager for taking around £570,000 from the company's bank account in small payments since 2014. The manager argued that the company needed to prove its entitlement to the money and that any payments made more than six years before the claim was issued were barred by limitation. Although the manager was not a director of Glenea, Glenea argued that he was completely trusted with responsibility for the company’s financial affairs and for the operation of its bank account (the manager disputed this), and that he should therefore be treated as a fiduciary and trustee for Glenea despite falling outside the established categories of fiduciary relationship.
The court accepted Glenea’s arguments on all of these points, ruling that the burden was on the manager to prove his entitlement to the money, that he had essentially failed to do so, and that no limitation period applied to the company's claim.
Max Marenbon of Serle Court was sole Counsel at trial for Glenea in Glenea Contracts Limited v Philip Friel [2024] EWHC 1243 (Ch), instructed by Oli Worth and Molly Lockerbie of Archor LLP. Glenea was also advised by James Mather and George Vare, also of Serle Court.
Call: 2006
Max Marenbon is a commercial chancery barrister specialising in civil fraud, company and insolvency disputes. He is recognised by the Legal 500 directory as a ‘Leading Junior’ at the London Bar and a ‘Rising Star’ in the Middle East.
Max has appeared as sole counsel in significant cases, including a leading authority on the English courts’ jurisdiction to grant worldwide freezing orders against third parties. He has assisted with cases at all appellate levels. His Middle East practice is centred on the courts of the Dubai International Financial Centre (DIFC) and the Abu Dhabi Global Market (ADGM).
He is interested in how the law treats new ways of doing business, has experience of cryptocurrency-related litigation, and is growing a practice in artificial intelligence litigation. He has acted as sole advocate in AI-related cases in the UK and Middle East, including the leading ADGM authority on the use of AI-generated documents in litigation.
Appointed to the UK Attorney General’s Panel of Junior Counsel to the Crown in 2024, Max previously qualified as a solicitor at a leading City firm and served as judicial assistant to Lord Wilson at the UK Supreme Court.
Call: 2020
Call: 2020