In the matter of Intellimeda Technologies Ltd v Richards [2015] EWHC 1200 (Ch)

Intellimedia Technologies Ltd (ITL) has finally succeeded in its long running claim (see Intellimedia Technologies Ltd v. Richards [2013] EWHC 4144) to recover the issued share capital of its UK based subsidiary, Intellimedia Systems Limited and to rectify this company’s register of members under Section 125 of the Companies Act 2006.  Following a six day trial, Mr Robert Englehart QC (sitting as a Deputy High Court Judge) found that the Defendant had in fact executed a share transfer form as alleged by ITL notwithstanding his contrary testimony and the absence of any completed transfer form.  He further held that the Defendant had approved of the transfer to such an extent that ITL was entitled to an order under Section 125 even if there had not been a completed transfer of the shares for the purposes of the 2006 Act in accordance with the dicta in Re New Millenium Experience Co Ltd [2003] EWHC 1823.  In his view such an order was not precluded by the recent decision in Nilon Limited & Anor v Royal Westminster Investments SA [2015] UKPC 2.  A copy of the judgment is now available on Lawtel.

Mr Clifford Darton acted for the successful claimant, Intellimedia Technologies Ltd, instructed by Mr Brian Donnan and Mrs Karen Heal of Edward Harte LLP