McTear & Williams v Engelhard & Others

[2014] EWHC 1056 (Ch)

10th April 2014

Chancery Division


Management contracts – Adjustment of prior transactions – CVA – Breach of fiduciary duty –  Equitable and Insolvency Set-Off

Jonathan Lopian represented the defendants in a claim by the former CVA supervisors (as assignees) against a parent company and the former directors for repayment of inter-company balances, breach of fiduciary duty and preference payments, the defendants relying on implied contract by course of dealing, insolvency set-off, equitable set-off and estoppel by convention. The judge’s decision in favour of the Claimants was subsequently overturned on appeal (see [2016] EWCA Civ 487)

Richard Spearman QC (sitting as deputy judge of the High Court)


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Hansells were the instructing solicitors

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