Source:	All England Reporter
Publisher Citation:	[2001] All ER (D) 33 (Nov)
Court:	Chancery Division
Judge:	Park J
Representation	Graham Platford (instructed by Johnson Sillet Bloom) for the claimants.
	Catherine Newman QC and Gregory Banner (instructed by Hamlins) for the defendants save for fifth defendant.
Judgment Dates:	2 November 2001

Catchwords

Company - Charge - Charge over shares of company - Claimants incurring large debts to second defendant - Claimants creating charges over shares in their company in favour of second defendant to secure debts - Second defendant enforcing rights as chargees - Claimants becoming bankrupt and company ceasing to trade - Second defendant commencing business similar to that previously carried on by claimants' company - Claimants alleging second defendant as chargee owing duty in equity to them and in breach of that duty - Whether second defendant owing such duty - Whether second defendant breaching that duty.

The Case

Where allegations of dishonesty had been made by claimants in their pleadings in a case involving breach of a chargee's duties, those allegations had to be supported by the particulars of claim. In the instant case, the claimants had failed to do so, and the appeal would be dismissed.

Practice Areas

• Company Commercial
• Property
• Dispute Resolution
• Personal Injury
• Employment

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