First Financial Caribbean Trust Company Limited v Howell, Delroy, Mitchell, Kenarthur et al

Case Number: 
2010 CD 00086
Date of Delivery: 

Civil Procedure – Summary judgment – Company holding trust monies - Company

alleging that trust monies improperly removed from the its control or improperly

invested by directors – Company’s trust money loaned to or invested in companies

in which its directors have an interest - Claim against directors for recovery of those

monies and for damages for breach of fiduciary duty – Directors averring that

monies properly invested and that assets in place representing the investments –

Whether the value of the assets is an issue for trial – Whether summary judgment

appropriate in the circumstances - CPR r 15.2

Company – Directors – Company holding trust funds – whether duty of directors of

the company in respect of those funds any different from their duties in respect of

other assets of the company