On 21 December 2017, the Hon. Mr Justice Nugee handed down judgment dismissing each of the claims brought by Mark Holyoake and his corporate vehicle Hotblack against Chris and Nick Candy and four other defendants.
The 194 page judgment follows an expedited 10-week trial in the Chancery Division which concluded in April this year, and which itself marked the culmination of a very large number of fiercely contested interlocutory hearings. The trial attracted much attention in the press.
The dispute between the parties arose following a £12 million loan provided to Mr Holyoake (a “serial entrepreneur” and former owner of the now insolvent British Seafood group of companies) in 2011 by CPC Group, a company owned by Christian Candy, to fund the acquisition by Mr Holyoake’s company of Grosvenor Gardens House (“GGH”), a listed mansion block in Victoria. Mr Holyoake ultimately sold GGH without developing it, and had sought in these proceedings to recover the amounts repaid under the loan and subsequent agreements together with profits of over £100 million said to have been lost as a result of the sale of GGH. In pursuit of those claims, Mr Holyoake alleged an array of causes of action, including fraudulent misrepresentation, unlawful means conspiracy, duress, blackmail, actual undue influence, intimidation, extortion under colour of due process, unlawful interference (or causing loss by unlawful means), offences under the Data Protection Act and claims under the Consumer Credit Act (“CCA”).
Mr Justice Nugee dismissed all the claims against all the defendants.
A link to the judgment is here.
Tim Lord QC, Thomas Plewman QC, Geoffrey Kuehne and Ben Woolgar appeared for Chris and Nick Candy and the other Defendants, instructed by Gowling WLG (UK) LLP.