The Court considered whether the director had co-conspired with the majority creditor by unlawful means to transfer the business and assets to a company in which he had an interest. Whilst holding that the director had acted unlawfully the Court decided that the unlawful conduct had not caused the loss complained of. The case is a useful reminder that when considering a pre-pack the director must consider the interests of creditors as a whole over the business of the company.
Unlawful Means Conspiracy: Capital For Enterprise Fund A LP v Bibby Financial Services Ltd  EWHC 2593 (Ch)HHJ Pelling Q.C. has handed down his judgment in Capital For Enterprise Fund A LP v Bibby Financial Services Limited  EWHC 2593 (Ch). This was a case based on the tort of unlawful means conspiracy. It provides some helpful guidance as to the requisite mental element required on the part of conspirators to found the cause of action. Nicholas Trompeter appeared for the Claimants.