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Area of Law: Lance Ashworth KC
Lance Ashworth KC and Dan McCourt Fritz KC acted on behalf of the successful appellants, THG plc and others, in this unfair prejudice petition, instructed by Catherine Naylor and Tom Cox at Gowling WLG (UK) LLP.
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On 18th January 2023, Fancourt J handed down judgment in the ongoing unfair prejudice petition Zedra Trust Company (Jersey) Limited v. THG plc [2023] EWHC 65 (Ch), after the Court of Appeal had in 2021 struck out complaints that Zedra’s shareholding had been diluted [2021] EWCA Civ 904.
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On 11 November 2022 Mr Justice Zacaroli handed down judgment (available here) in respect of applications for directions by the office-holders of 10 failed energy suppliers.
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Lance Ashworth KC and Wilson Leung, instructed by Stephenson Harwood LLP, acted for the successful respondent in Dusoruth v Orca Finance UK Ltd (in liquidation) [2022] EWHC 2346 (Ch).
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The Court of Appeal has handed down a second judgment in the case of Loveridge v Loveridge [2021] EWCA Civ 1697. Lance Ashworth QC and Dan McCourt Fritz (instructed by Stephen Rome and Georgia Morris at Thursfields Solicitors) were again successful. The judgment contains an interesting discussion about the proper treatment of informal loan finance within family companies, the outer limits of the unfair prejudice jurisdiction under ss.994-996 of the Companies Act 2006, and on the costs consequences of abortive committal applications.
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Lance Ashworth QC acts for the claimant in Kelly v Baker & Braid, a commercial court claim for damages for fraudulent misrepresentation and/or breach of fiduciary duty leading to the sale of a group of companies at an undervalue of over £110m.
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Lance Ashworth QC and Matthew Morrison are acting for the claimants in Wellcourt Investment Corp v Propfurn Ltd, a claim in connection with a £100m property portfolio in London, owned by BVI and Liberian companies. They have so far successfully obtained recovery of all monies held by the former agents of the claimants.
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Lance Ashworth QC acts for the claimant in Grove Park Properties v Royal Bank of Scotland, which is due for a 10-day Commercial Court trial in January 2021, in which it is alleged that the defendant bank fraudulently amended a loan agreement to halve the term of the loan.
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In Attorney General v Zedra Fiduciary Services (UK) Ltd [2020] EWHC 2988 (Ch), Will Henderson acted for the Attorney General. This involved ‘The National Fund’ which was settled with £500,000 of cash and securities in 1928 on trust to accumulate income and profits until the date fixed by the trustee as being the date when, either alone or together with other funds then available for the purpose, the fund was sufficient to discharge the National Debt. The fund was then to be transferred to the National Debt Commissioners to be applied by them in reduction of the National Debt. The Fund is now worth about £0.5 billion. Zacaroli J held that there was a valid charitable trust and that the court had jurisdiction to order a cy-pres scheme. He adjourned the question of what (if any) scheme to order.
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