Morjaria v Mirza

The 316-page judgment of Mr Justice Thompsell considers various interesting points of law, including the existence and scope of fiduciary duties in joint ventures (which were found to have been owed and breached on the facts), the duties of a mortgagee exercising a power of sale, the extent to which a lack of “clean hands” prevents a guarantor from exercising rights to which he would otherwise have been subrogated, and the scope of the tort of abuse of process.

Tony Peto KC, Mark Vinall and Sean Butler acted for the Claimants.

The judgment is available here.