Gideon Roseman and David Halpern KC for the Claimants in The Conditioning House Ltd v JBG Enterprises Ltd & Anor [2025] EWHC 3260 (Ch) successfully recovered the balance between the value on a forced sale by the First Defendant of the sole property of the Claimant and its true market value, in the sum of £309,437.80.
The First Defendant, JBGE, was found to have breached its equitable duty on exercising its power of sale on default of a loan granted to the Claimant, secured by way of a charge, to take reasonable care to obtain the best price for the property. JBGE was also found to have dishonestly assisted one of the Claimants’ two directors in the breach of his duties under ss. 172, and 175 of the Companies Act 2006. It was found that said director had contrived, assisted by the First Defendant, to have the property sold at an undervalue to a new company of which he was also director.
The case can be found here.
