Rory Brown acted as sole counsel for the successful respondents in respect of a claim by company director and sole shareholder against RSM UK Restructuring Advisory LLP (RSM) involving applications to join individual administrators personally.
The Claimant company director/shareholder alleged fraud against RSM and various administrators personally also claiming the administrators had sold a sizeable Scottish estate at a substantial undervalue. The Claimant’s Schedule of Damages included heads of loss for past and future damages exceeding £100m.
ICC Judge Barber declared the Claimant’s claim struck out and dismissed his associated applications ordering him in a separate costs ruling to pay the respondents’ costs on the indemnity basis with a payment on account of just under £100,000. The Claimant’s case was criticised by the court as ‘utterly lacking in reality’ and his Schedules of Loss were held to be ‘essays in make believe’.
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