Selected experience · High Court, Company and Insolvency List
Biscoe v Milner
[2021] EWHC 763 (Ch)
[2021] EWHC 763 (Ch)
High Court, Company and Insolvency List
2021
Counsel with Annie Townley for Belmonte Ltd and Richard Arnison, instructed by Hemingways Solicitors
Contentious insolvency, civil fraud and directors' liability
Mr Justice Meade
Alexander acted in a ten-day High Court trial arising from the collapse of a legal-redress investment scheme. All claims against his two clients, Belmonte Ltd and Richard Arnison, failed.
Case overview
The liquidators of Equitable Law Capital Ltd pursued multiple respondents after investors had contributed approximately £3.3 million to a scheme funding financial mis-selling claims. The allegations included fraudulent and wrongful trading, misrepresentation, dishonest assistance, breach of duty, transactions at an undervalue and constructive trusteeship.
Principal issues or remedies
- Whether Belmonte Ltd or Richard Arnison incurred liability in connection with the operation and promotion of the scheme.
- The legal standards applicable to dishonesty, fraudulent representation and dishonest assistance.
- Whether an earlier settlement barred or reduced claims against the remaining respondents.
Alexander's role, work and outcome
The High Court dismissed all claims against Belmonte Ltd and Richard Arnison. The judgment separately determined claims against other respondents and considered the effect of a settlement with alleged concurrent wrongdoers.
Why the case matters
The judgment contains substantial analysis of insolvency claims, dishonesty and the effect of compromise agreements in multi-party litigation. Alexander's clients succeeded after a document-heavy ten-day trial.