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Commercial disputes, Civil fraud and asset recovery, Company law, Joint venture and partnership disputesThursday 3 April 2025

Judgment handed down in Titanium Capital Investments Limited v Jonathan Hughes [2025] EWHC 682 (Ch)

Judgment was handed down by Mr Justice Richards on 20 March 2025, following a 3 week trial, in a case arising from a two partner partnership founded in the teeth of the pandemic to sell Covid tests for profit.  A dispute arose because one partner dissolved the partnership and, days later, founded an (ostensibly) new business also selling Covid tests.  One partner claimed that the partner who started the “new business” should account for profits including an extremely lucrative contract to sell Covid tests to the Danish government.

The partner who dissolved the partnership claimed this “new” business was nothing to do with the former partnership at all and also claimed that his partner had made a secret profit behind his back during the period of the partnership.

The partners advanced claims against each other for breach of fiduciary duty and an account of profits and unlawful means conspiracy.

The judgment dealt with issues of liability.

There will be a second trial to determine quantum.

The Claimants were represented by Alan Gourgey KC, leading Edward Crossley, instructed by Greenwoods Legal LLP. The Defendants were represented by Lexa Hilliard KC, leading Kate Rogers,  instructed by Gardner Leader LLP.

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