Complete Facilities Solutions Limited v Livingston Consulting Limited & Ors.
[2023] EWHC 571 (Ch)
Christopher Gary Hoole v Meredith Charles Limited & Ors
8 March 2024
[2024] EWHC 525 (Comm)
High Court
A financial intermediary wasn't paid what he was owed. The companies involved lied and tried to cover it up by making fake documents. The judge didn't believe them and ordered the companies to pay.
Key Facts
- •Christopher Gary Hoole (Claimant) sued Meredith Charles Limited (MCL), its directors Michael Bold and John Craig Gabriel, Gregory Robert Bryce, and Pardus Property Limited, Pardus Capital Holdings PLC, and Pardus Wealth Limited (Defendants) for unpaid commission.
- •Hoole was a sub-introducer for MCL, who acted as a master introducer for Pardus in finding investors for a bond.
- •MCL failed to pay Hoole approximately £800,000 in commission.
- •MCL claimed a full and final settlement was reached with Hoole for £65,000, which Hoole denied.
- •The Defendants fabricated documents (a fake termination letter and invoices) to support their case.
- •Defendants were unrepresented at trial after initially having legal representation.
Legal Principles
Test for a binding agreement
No specific source cited, but discussed in sections 54-71.
Termination of contract for repudiatory breach
Eminence Property Developments Ltd v Heaney [2010] EWHC CA Civ. 1168; SK Shipping (S) Pte Ltd v Petroexport Ltd [2009] EWHC 2974 (Comm); Howard v Pickford Tool Co Ltd [1951] 1 KB 417
Conspiracy to cause loss by unlawful means
Kuwait Oil Tanker Co SAK v Al Bader [2000] 2 All ER (Comm) 271; Constantin Median AG v Ecclestone [2014] EWHC 387 (CH); The Racing Partnership and others v Sports Information Services Limited [2020] EWCA Civ 1300; Bourgoin SA v Minister of Agriculture [1986] 1 QB 716; Meretz Investments NV v ACP Ltd [2008] 2 WLR
Procuring breach of contract
British Motor Trade Association v Salvadori and others [1949] Chancery 556; Emerald Construction Co. Ltd v Lowthian [1966] 1 WLR 691; ED & F Man Capital Markets Limited v Come Harvest Holdings Limited and others [2022] EWHC 229 (Comm)
Said v Butt principle on director liability for inducing breach of contract
Said v Butt [1920] 3 KB 497; IBM [2022] EWHC 884 (TTC); Crystalens Ltd v White [2006] EWHC 2236 (Comm); Antuzis and others v D J Houghton Catching Services Ltd and others [2019] Bus LR 1532; BTI 2014 LLC v Sequana SA and others [2022] UKSC 25
Outcomes
MCL found in breach of contract with Hoole.
The court rejected MCL's defense of a full and final settlement, finding it a fabrication. The court also rejected other defenses related to the termination of the Pardus/MCL contract.
Mr. Bold, Mr. Bryce, and the Pardus Companies found jointly and severally liable to Hoole.
The court found them liable for conspiracy to cause loss by unlawful means and procuring breach of contract. The 'Myers defense' was rejected.
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