header-logo header-logo

Company

26 May 2017
Issue: 7747 / Categories: Case law , Law digest , In Court
printer mail-detail

O’Keefe and another v Caner and others [2017] All ER (D) 95 (May), [2017] EWHC 1105 (Ch)

The Companies Court ruled on a preliminary issue concerning limitation, which arose in a claim, under s 212 of the Insolvency Act 1986, which had been brought by the applicant joint liquidators of two Jersey companies in liquidation in England. The claim alleged misfeasance and breach of directors’ duties by the respondents in respect of the various payments allegedly made from the companies’ bank accounts. The court held that the duty owed, under Art 74 of the Companies (Jersey) Law 1991, was a fiduciary duty in the strict sense, and not tortious in nature. Accordingly, the prescriptive period for both causes of action, under Art 74, was 10 years, being the default period applicable to personal claims under Jersey law, and not three years, being the relevant period applicable to breach of trust and to tort under Jersey law, as the first to the fifth respondents had contended. Accordingly, the claims were not time-barred.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

mfg Solicitors—Brian Hession

mfg Solicitors—Brian Hession

Birmingham commercial property team bolstered by partner hire

STEP—Sara Morgan

STEP—Sara Morgan

Fieldfisher director re-elected as deputy chair of England Wales committee

Osborne Clarke—Andrew Eaton

Osborne Clarke—Andrew Eaton

Restructuring and insolvency expert joins as partner

NEWS
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Writing in NLJ this week, Victoria Rylatt and Robyn Laye of Anthony Gold Solicitors examine recent international relocation cases where allegations of domestic abuse shaped outcomes
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll