Hugh Miall represents successful Defendant in Norcross v Georgallides litigation

Hugh Miall acted as junior Counsel for the successful Defendant estate in Commercial Court proceedings. The deceased had been accused of fraudulent breach of fiduciary duties as a director of the Fourth Claimant, Sugar Hut Brentwood Limited (In Liquidation) (“SHBL”). Hugh was led by David Lord QC and instructed by Quastel Midgen LLP.

The victory at trial follows the Defendant’s previous success in having the claims brought by the First to Third Claimants, together with part of the Fourth Claimant’s claims, dismissed by Hamblen J in an application for summary judgment heard just over a month prior to the trial commencing: [2015] EWHC 1290 (Comm).

The final hearing, which took place over 5 days from 3 June 2015, included the trial of the remainder of the Fourth Claimant’s claims together with outstanding applications of the Second and Fourth Claimants and the Liquidators of the Fourth Claimant (as intended Fifth Claimants) to amend the Particulars of Claim. The Defendant argued that SHBL had failed to prove its claims entirely and that the claims were in any event both settled by a Settlement Agreement made on 16 October 2008 and were statute-barred under the Limitation Act 1980.

Mr Justice Andrew Smith found for the Defendant on each of the three grounds of defence. Whilst the Judge allowed some amendments and refused others, and subject to further submissions on the liquidators’ claims, none of the claims succeeded even after amendment.

The judgment can be accessed here.