|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 224 (Jan)|
|Neutral Citation:|| EWHC 50 (Ch)|
|Representation||Jonathan Russen (instructed by Howard Kennedy) for the claimant.|
|Aidan Casey (instructed by Ingram Winter Green) for the defendant.|
|Joanna Smith (instructed by Robin Smith LLP) for the Pt 20 defendant.|
|Judgment Dates:||21 January 2009|
Covenant - Deed - Deed of covenant - Construction - Parties entering into deed of covenant in respect of shares in a company - Claimant subsequently entering into deed of surrender giving up his entitlement under deed of covenant - Shares in company subsequently sold to third party - Claimant claiming deed of covenant imposing trust over or fiduciary duty in relation to shares in his favour - Claimant further claiming fraudulent misrepresentation on part of defendant inducing him to enter deed of surrender - Whether trust imposed over shares - Whether fiduciary duty existing in relation to shares - Whether case for fraudulent misrepresentations made out.