James Bogle in Chancery Division 25 day trial success

James Bogle in Chancery Division 25 day trial success
June 28, 2015

Civil team leader, James Bogle, acting for the first 3 defendants, succeeded in an extensive trial lasting nearly six weeks, beginning January 2014 and thereafter continued in various stages until October 2014, with 20 witness of fact, 2 experts and 8 witnesses read, 55 lever arch file bundle and tens of thousands of documents. James was instructed very late in proceedings (on direct access, for the first 3 defendants, all of them unwell) to settle statements and for the final CMC, only 6 weeks before trial, other counsel having been instructed 2 years earlier. He received the very large trial bundle only 3 ½ weeks before trial, requiring an extremely heavy and near-impossible workload and was first to cross-examine. The judge later found that “in the course of evidence and submissions dozens, if not hundreds, of issues of fact emerged”. Nevertheless, he succeeded, the judge dismissing all claims against the first 3 defendants and impugning the truthfulness of the claimant’s case. The extensive claims against the 4th defendant accountants also failed. Indemnity costs were awarded to all defendants with substantial interim costs payments ordered.

In Edward Scriven v Lee Scriven & Ors [2015] EWHC 1690 (Ch) (Barling J), the claimant claimed restitution, damages, exemplary damages and equitable compensation, among other relief, for breach of trust, breach of fiduciary duty, breach of contract, and for breach of accountant’s duty of care and negligence. The case involved issues of agency, company law, rights and duties of directors, shareholders’ rights and causation of loss. The claimant alleged that his sons, without his knowledge, wrongfully set out to deprive him of his interests in two businesses.

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