When mini-bond investments fail—fraudulent trading and other claims (London Capital & Finance v Thomson)
Financial Services analysis: This case follows from the London Capital & Finance scandal which led to the entry into administration of London Capital & Finance plc (LCF) owing some £237m to 11,625 bondholders. It was concerned with personal and proprietary claims against five individuals and two companies based on allegations of—fraudulent trading; breach of fiduciary duty and consequent constructive trusteeship; equitable proprietary claims and consequent constructive trusteeship; and dishonest assistance in breaches of duty. After a careful and extended examination of the facts, the court decided that all the claims were established but postponed the determination of the terms of any declarations, accounts and inquiries and the quantum of the personal claims until after further submissions. There was little dispute between the parties as to the relevant legal principles, but the case helpfully illustrates, in particular, the scope for claims against third parties when a company is engaged in fraudulent activity. Written by Elizabeth Ovey, barrister at Radcliffe Chambers.