Double derivative claims, indemnities, and injunctions (Tonstate Group Ltd v Wojakovski)

LexisPSL 1047 – Tonstate Group Ltd & Ors Wojakovski

The background to the case surrounds claims by Mr Wojakovski’s wife’s family, that he unlawfully extracted £14.5m from Tonstate Group Ltd (TGL), of which he was a former chief-executive. While this case does not delve into the substance of those claims to any great extent, it provides a helpful reminder of the availability of a double derivative claim at common law in contrast to a statutory derivative claim, as well as applications for indemnities in respect of the costs of such claims. Mr and Mrs Matyas sought to continue actions brought by various companies as double derivative actions and sought an indemnity out of the assets of those companies in respect of the costs of pursuing those claims. Mr. Wojakovski sought an injunction preventing various of the companies involved from using their assets to fund the personal costs of Mr and Mrs Matyas, as well as restraining TGL from using their assets to fund the main action.

First published on 29 May 2019 by Lexis®PSL

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