Tuesday 13 – Thursday 15 December 2022
By Application Notice filed on 7 December 2021, the appellant, Kenneth Davies, (C below) appeals the order of David Holland QC (sitting as a Deputy Judge of the High Court) dated 17 November 2021.
In May 2017, the liquidators of a company known as Green Box Recycling Limited (“GBR”) commenced claims against three defendants (D1), Richard Monks (D2) and Greenbox Recycling Kent Limited (D3). The liquidators claimed that D1 and D2, as directors of GBR, had implemented a dishonest scheme to divert a waste management and recycling business from GBR to their own company, D3, in the period 2010-2011. C then took an assignment of GBR’s claims from the liquidators. A liability trial took place in November 2019, followed by an order on 24 March 2020 and a quantum judgment was handed down on 22 September 2021. D2 was ordered to pay £599,315 equitable compensation to C plus interest. D1 was declared jointly and severally liable for £50,000 of the sum and interest on that amount. The claim against D3 was dismissed.