Tag: defending directors claims

Manolete Case Study: Court Confirms Misfeasance Claims Procedure (Hybrid Insolvency Applications)

The High Court, per Chief ICC Judge Briggs, held that Manolete Partners could not advance misfeasance claims under section 212 Insolvency Act 1986 via an Insolvency Application, and instead had to pursue them under CPR Part 7, ordering payment of the full Part 7 issue fee despite procedural arguments about hybrid claims brought in insolvency proceedings.

Manolete Partners Plc v Sampson Coward LLP High Court Refuses Summary Judgment in £2m Escrow Breach Claim

Manolete Case Study: Court Refuses Summary Judgment in £2m Escrow Breach Claim (Breach of Undertaking)

The High Court refused Sampson Coward LLP’s application for summary judgment in Manolete Partners Plc v Sampson Coward LLP [2023] EWHC 37 (Ch), allowing a £2 million claim concerning alleged mismanagement of escrow accounts during UK Property and Land Specialists Ltd’s insolvency to proceed. The ruling highlights the complexity of fiduciary breaches in escrow arrangements and confirms assignees’ rights to pursue breach of undertaking claims under the Insolvency Act 1986.