Neutral Citation Number: [2024] EWHC 2994 (Ch)
Case No: BL-2021-001664
BL-2021-001951
BL-2023-000902
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
BUSINESS LIST (ChD)
Royal Courts of Justice, Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 29/11/2024
Before:
MASTER CLARK
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BL-2021-001664 (“the Ivan claim”)
BETWEEN:
IVAN NORMAN
Claimant
-and-
N & CJ HORTON PROPERTY (a firm)
Defendant
BL-2021-001951 (“the Dean claim”)
AND BETWEEN:
(1) SELECT LIFESTYLES LIMITED
(2) N&C HORTON (a firm)
(3) HORTONS MOTORCYLES LIMITED
Claimants
-and-
DEAN NORMAN
Defendant
-and-
NICHOLAS JOHN HORTON
Third Party
BL-2023-000902 (“the Crump claim”)
AND BETWEEN:
(1) STEVEN CRUMP
(2) ACCESS PRODUCTS (MIDLANDS) LIMITED
(3) APL FORMWORK LTD
Claimants
-and-
(1) SELECT LIFESTYLES LIMITED
(2) N & C HORTON (A FIRM)
(3) HORTONS MOTORCYCLES LIMITED
Defendants
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David Lewis KC (instructed by Ingram Winter Green LLP) for the Claimant in BL-2021-
001664
Matthew Parker KC and James Gardner (instructed by Peters & Peters Solicitors LLP) for
Select Lifestyles Limited, N & C Horton (a firm)/N & CJ Horton Property (a firm), Hortons
Motorcycles Limited and Nicholas John Horton
Faisal Osman (instructed by Weightmans LLP) for the Defendant in BL-2021-001951
Alexander Cook KC and Josh O’Neill (instructed by DWF Law LLP) for the Claimants in
BL-2023-000902
Hearing date: 25-26 July 2024, followed by written submissions on 29 August 2024
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Approved Judgment
This judgment was handed down remotely at 10.00am on 29 November 2024 by circulation
to the parties or their representatives by e-mail and by release to the National Archives.
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Master Clark:
Applications
1. This is my judgment on three applications in three related claims with common parties:
two applications to amend and one application to strike out and/or for summary
judgment, in all of which identical or closely related issues arise. There are also
ancillary applications to admit expert evidence in relation to the substantive
applications.
Claims and procedural background
BL-2021-001664 - “the Ivan claim”
2. In this claim, issued on 15 September 2021, Ivan Norman is the claimant. He claims
the repayment of loans totalling £500,000 made between 28 March 2018 and 10 June
2019. I refer to him, without intending any disrespect, as “Ivan”, to distinguish him
from his son, Dean Norman (“Dean”).
3. The defendant to the claim is N & CJ Horton Property (“ the Partnership”), a
partnership between Nicholas and Christine Horton, one of 3 family-run businesses of
the Hortons.
BL-2021-001951 – “the Dean claim”
4. In this claim, issued on 28 October 2021, the claimants are the Partnership, and the
other two family-run business of the Hortons: Select Lifestyles Limited (" Select"), and
Horton Motorcycles Limited (“ Horton Motorcycles”). Together, I refer to all 3 as
"the Horton parties".
5. The defendant is Dean. He was initially Select's accountant, and then its finance
director, with a break from 29 June to 15 July 2019, until the directorship finally ended
on 17 August 2020. The claim is for breach of his director’s duties, and includes a
claim for an account. Dean counterclaims for repayment of a loan of £75,000 alleged
to arise from a payment of that sum made on 3 February 2020 to HMRC on Select’s
behalf (at Mr Horton’s request), and a personal indemnity from Mr Horton in respect of
any breaches of duty by transferring monies from Select to Horton Motorcycles.
6. On 13 July 2022, Deputy Master Collaco Moraes granted the Horton parties summary
judgment on their claim for an account in respect of 795 identified payments (referred
to in the Horton parties’ pleadings as “the Account Payments”) to or from the bank or
building society accounts of the Horton parties.
7. On 17 August 2022 Dean provided his account.
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