Alldey Michael Loveridge v Craig Povey & Ors
| Court | Chancery Division |
| Neutral Citation | [2024] EWHC 329 (Ch) |
| Date | 16 February 2024 |
| Year | 2024 |
| Counsel | John Randall Kc,Robert Mundy,Dan Mccourt Fritz Kc,Ramyaa Veerabathran |
Page 1
Neutral Citation Number: [2024] EWHC 329 (Ch)
IN THE HIGH COURT OF JUSTICE
BUSINESS AND PROPERTY COURTS IN
BIRMINGHAM
INSOLVENCY AND COMPANIES LIST
CR-2022-BHM-
000217
CR-2023-BHM-
000546
CR-2023-BHM-
000547
BETWEEN:
ALLDEY MICHAEL LOVERIDGE
Applicant
- and-
(1) CRAIG POVEY
(2) CHARLES TURNER
(as joint administrators of Breton
Park Residential Homes Limited)
(3) BEWDLEY CARAVAN SALES
LIMITED
(4) KINGSFORD CARAVAN PARK
LIMITED
(5) BRETON PARK RESIDENTIAL
HOMES LIMITED (IN
ADMINISTRATION)
Respondents
BETWEEN
ALLDEY MICHAEL LOVERIDGE
Applicant
- and-
(1) IVY MARINA LOVERIDGE
(sued personally and in her capacity
as personal representative of Alldey
Loveridge, deceased)
(2) MIAD GROUP LIMITED
(3) KINGSFORD CARAVAN PARK
LIMITED
Respondents
Priory Courts
33 Bull Street
Birmingham, B4 6DS
Date: 16 February 2024
HIS HONOUR JUDGE RICHARD WILLIAMS
(Sitting as a judge of the High Court)
Page 2
- - - - - - - - - - - - - - - - - - - - -
Representation:
John Randall KC and Robert Mundy (instructed by Nicholls Brimble Bhol
Solicitors) for Alldey Michael Loveridge
Peter Shaw KC (instructed by Lewis Onions Solicitors) for the joint administrators
of Breton Park Residential Homes Limited
Dan McCourt Fritz KC and Ramyaa Veerabathran (instructed by Lodders
Solicitors LLP) for Ivy Marina Loveridge
Jennifer Meech (instructed by Thursfields Solicitors) for Bewdley Caravan Sales
Limited and Kingsford Caravan Park Limited
Samuel Davis (instructed by Westridge Legal) for Melinda Doherty
Hearing dates: 29 November 2023 and 16 February 2024
(draft judgment sent to the parties’ legal advisers by email dated 9 February 2024)
- - - - - - - - - - - - - - - - - - - - -
JUDGMENT
Introduction and background
1. These linked proceedings are the latest round of litigation arising from a bitter
dispute, which first arose in 2019, over the Loveridge family business that is owned
and operated through five companies and three partnerships.
2. One of the family companies is now in administration. The administrators have
decided to put into effect a rescue of that company as a going concern by accepting
an offer of refinance, which is to be funded through the cash reserves of another
family company.
3. This is my judgment following the hearing of several applications primarily to:
a. direct the administrators to abandon the proposed company rescue and
proceed instead by way of a sale of its business and assets; and/or
b. prohibit by way of an interim injunction the cash reserves of the other
company being used to refinance and thereby rescue as a going concern the
company in administration.
In order to understand fully these applications, it is necessary to understand how the
parties have arrived at this point. For ease of reference, and with no disrespect
intended, I shall refer to the family members by their first names.
4. Michael is the son of Ivy and her late husband Alldey, and is the brother of Audey.
In earlier litigation, Michael pursued an unfair prejudice petition and a partnership
claim, which were concluded by way of:
Page 3
a. On 19 November 2021, the amended unfair prejudice petition was struck
out.
1
b. In May 2023, on the first day of the trial, the partnership claim was settled
on confidential terms.
5. So far as is relevant to the present proceedings:
a. Breton Park Residential Homes Limited (“Breton”) carries on the business
of owning and operating a residential caravan site near Telford in
Shropshire. Audey and Ivy were/remain co-directors, and Audey was the
sole registered shareholder.
b. Kingsford Caravan Park Ltd (“Kingsford”) carries on the business of
owning and operating a residential caravan park near Wolverley in
Worcestershire. Michael, Ivy and Alldey were co-directors and equal
shareholders.
c. Bewdley Caravan Sales Limited (“Bewdley”) carries on the business of
trading in caravans and mobile/residential homes. Michael, Ivy and Alldey
were co-directors and equal shareholders.
d. The family companies participated in interest-free inter-company loans
repayable on demand.
e. On 19 April 2019, Audey and his wife, Melinda, separated.
f. On 30 April 2019, Audey transferred his shareholding in Breton 50% to
Michael and 50% to Ivy (“the Breton Share Transfers”).
g. In May 2019, Melinda petitioned for divorce and made an application (“the
Financial Remedy Proceedings”) for financial orders under the
Matrimonial Causes Act 1973 (“the 1973 Act”).
h. Also, in “May 2019 Audey encountered irreconcilable differences with his
wife. Michael became involved in what the judge called a heated discussion
with Audey. Michael’s wife, Suehelen was concerned at developments and
called the police. The act of calling the police was regarded by some in the
family, particularly by Ivy, as an act which was not consistent with the
family ethic of resolving matters themselves rather than involving outside
agencies. The arguments between the brothers Michael and Audey, and
between Michael and his mother, Ivy, got worse.”
2
i. In July 2020, Melinda made an application in the Financial Remedy
Proceedings for an order pursuant to s.37 of the 1973 Act (“the Section 37
Application) that the Breton Share Transfers be set aside on the ground that
they were made with the intention of defeating her claim for financial
relief.
3
1
Loveridge and another v Loveridge (No 2) [2021] EWCA Civ 1697
2
Loveridge and others v Loveridge (No 1) [2020] EWCA Civ 1104 (at para [11]).
3
On 28 September 2023, Ivy obtained an order from the Family Court permitting disclosure into these
proceedings of certain orders made in the Financial Remedy Proceedings.
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1 cases
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Stephen Louis Nardelli & Ors v Daniel Richardson & Anor
...Lack of commercial justification or a decision which does not withstand logical analysis may justify the court’s interference: Loveridge v Povey [2024] EWHC 329, HHJ Richard Williams, at [58]. That said I doubt whether the complaint of unfair harm, under paragraph 74, adds much in this case......
