Tinkler & Anor v Invesco Asset Management Ltd & Ors

The founder of Esken, Mr Tinkler, has since his removal as a director of Esken in 2018 been embroiled in litigation in relation to the circumstances of his removal and the control over the company. There have been multiple claims in this jurisdiction and abroad in relation to this dispute.

Of relevance to the present application, Mr Tinkler issued a claim in May 2024 alleging an unlawful means conspiracy between twenty defendants in relation to his removal from Esken and to take control over the company. Various of the defendants made applications for strike out and reverse summary judgment on the basis that Mr Tinkler’s claim amounted to a collateral attack on previous decisions of the Court and/or were otherwise abusive under Henderson v Henderson principles.

In its judgment, the Court agreed with the defendants striking out the claim on grounds that it amounted to a collateral attack on previous findings. The claim was also struck out on the basis that Mr Tinkler had breached the collateral use undertaking in CPR 31.22 since he had formulated his claim using disclosure received in previous proceedings and having not obtained the required permission from the court.

The judgment may be found here.

Andreas Gledhill KC and Timothy Lau acted for the 19th Defendant.