Titanium Capital Investments Limited and Another (Respondents/Claimants) v Hughes and Others (Appellants/Defendants)
Monday 27 – Thursday 30 April 2026
By an Appellant’s Notice filed on 8 July 2025 the Appellants appeal an order of the Business and Property Courts, dated 18 June 2025.
The First Appellant and the First Respondent were partners in a business selling lateral flow tests imported from China during the Covid‑19 pandemic. Their relationship deteriorated and the partnership was dissolved in June 2021.
The Respondent alleged that the Appellant continued the partnership business post‑dissolution and sought an account of profits. The Respondent’s company, Titanium, also claimed breach of the shareholder agreement.
The Appellant counterclaimed that the Respondent diverted sales opportunities and made secret profits, and otherwise breached fiduciary duties, advancing an unlawful conspiracy counterclaim.
The Judge held that the Appellant must account for profits from post‑dissolution sales, and that his failure to do so breached fiduciary duties; dismissed Titanium’s shareholder agreement claim; and ordered the Respondent to account for benefits derived from his undisclosed interest in Newfoundland. The Respondent’s conspiracy claim succeeded, while the Appellant’s conspiracy counterclaim failed. The knowing receipt claim was deferred to a second trial.
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