Executive Summary
- The case concerns SU Consultancy Ltd’s constructive trust over Miura Distribution Ltd’s business following an unlawful means conspiracy claim.
- The Court confirmed damages for conspiracy assessed as of July 2020 and ordered an account of profits from that date to December 2024.
- A key dispute is whether Miura’s acceptance of damages extinguishes its ongoing interest and entitlement to an account under the constructive trust.
- The Court held that damages and account remedies are cumulative and Miura’s interest in the business persists until its return.
- The ruling clarifies the interplay between tort damages and equitable remedies in business disputes involving constructive trusts.
Sanctions Highlights
- No sanctions implications identified in this case.
- No references to sanctions regimes or compliance issues.
Emerging Risks
- Potential for prolonged litigation over the end date and scope of accounting in constructive trust claims.
- Risk of double recovery claims if damages and accounts are not clearly delineated.
- Uncertainty in commercial disputes where tort and trust remedies overlap, complicating resolution and enforcement.
- Possible reputational risk for parties involved in protracted disputes over business ownership and profits.
Geopolitical Impact
- No geopolitical significance or involvement of foreign states or international actors.
- Case strictly concerns domestic commercial law within England and Wales jurisdiction.
Economic Intelligence
- The case underscores the importance of precise valuation dates in damages claims, here fixed at July 2020.
- Highlights the economic impact of constructive trusts in protecting business interests and profits post-breach.
- Demonstrates judicial caution to avoid double recovery, balancing compensation and ongoing equitable interests.
- Reflects commercial risks where business assets are transferred without authority, affecting valuation and profit accounting.
Strategic Recommendations
- Litigants should clearly distinguish between tort damages and equitable remedies to avoid confusion and double recovery.
- Parties holding business assets under constructive trust should prepare for ongoing accounting obligations until formal return.
- Legal counsel should anticipate and address timing disputes over valuation and profit accounting in similar cases.
- Businesses must maintain robust documentation to support claims of ownership, trust obligations, and profit entitlements.
- Consider early negotiation on consequential orders post-judgment to minimize protracted disputes over remedies.
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**Source Notes:**
Sanctions Intelligence Digest — [https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/564.txt](https://empyreanprotocol.com/litigation/view/www.bailii.org/ew/cases/EWHC/Comm/2025/564.txt)