08.08.2025
Following an 8-week trial, Mr Justice Thompsell held in what he described as a complicated case involving many interrelated claims and counterclaims that the claim against PCB Byrne’s clients “fails at every hurdle”. The multi-million pound claim was pursued against the directors of a joint venture company by a party to the joint venture, concerning the development of a hotel and office premises in London. It was alleged that the directors had procured the company to breach obligations of good faith in the joint venture agreement when they sold a subsidiary to the other joint venturer.
The Judge found that there had been no breach of contract, and that the directors had acted in the best interests of the company, without any belief that they were procuring any breach. After the joint venturer had declined to take an exit route that PCB Byrne had offered in October 2024, the Judge ordered costs to be paid to the directors on the indemnity basis.
The PCB Byrne team of Trevor Mascarenhas, Caitlin Ferguson, Zac Barber and Ben Cook instructed Chris Lloyd and John-Patrick Asimakis of Essex Court.
Please find below the corrected judgment:
Morjaria & Ors v Mirza & Ors [2025] EWHC 1961 (Ch) (28 July 2025)
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