Thursday 2 March 2023
By Appellant’s Notice filed on 15 July 2022, Manolete Partners PLC (“Manolete”) appeal the Order of Stephen Jourdan QC (sitting as a Deputy Judge of the High Court dated 24 June 2022 by which Manolete’s claim was dismissed in part.
Facts: the appeal arises out of a claim brought by the Manolete as assignee of Bolton Poultry Products Ltd (“Bolton”) and its liquidator, Clive Morris. The claim was brought against against Ebrahim Dalal, Sajid Dalal, (his son), Anisha Dalal (Sajid’s wife, and Ebrahim’s daughter-in-law) and the estate of the late Johra Dalal (Ebrahim’s wife and Sajid’s mother). Bolton traded for nearly 10 years, from April 2005 to January 2015. Shortly before it went into liquidation in January 2015, it sold its assets to a newly formed company called Bolton Halal Chicken Ltd for £20,000 ( “Bolton Halal”). Its shares were owned by Sajid and Anisha. Manolete alleged that Bolton had made a great deal more money from its business than was recorded in its accounts, certain properties purchased in the name of the Defendants, or some of them, were acquired using money belonging to Bolton, Ebrahim, Sajid and Anisha Dalal breached their duties as directors, and Bolton Halal acquired valuable goodwill from Bolton without paying for it.