Litigation Writs 20/1/98

A charity trustee accused of spending £86,000 of a charity's money on a pension for his wife and of using £41,000 of other charity money to buy five cars now faces High Court action by the Charity Commission. Graham Pattison, of Consett, Durham, and fellow trustee Ronald Morrissey, of Sherburn Village, Durham, are being sued along with the Master and Brethren of Christ's Hospital, Sherburn. The charity commissioners are seeking a declaration that the provision of the five cars for Pattison's use out of the charity's assets was a breach of the terms of the charity scheme and a breach of trust and fiduciary duty. The writ also seeks declarations in respect of the money alleged to have been used and inquiries into how the charity's assets were spent.

Writ issued by the Treasury Solicitor, London SW1.

Gerald Cavendish, 6th Duke of Westminster; Sir John James; Sir Richard Wilbraham; Jeremy Newsum; and the Grosvenor Estate Belgravia are suing for damages in respect of the lease of property at 54 Chester Square, London SW1. They have issued a writ against Helpspirit, of Sevenoaks, Kent, and Michael Harold, of London SW1, seeking an order that Helpspirit and Harold take all necessary steps to cancel or determine a purported declaration of trust, dated 23 July 1994, and made between Helpspirit and Harold. The damages are sought in respect of alleged conspiracy to injure the plaintiffs by entering into the declaration of trust in breach of a licence and guarantee dated 21 December 1992.

Writ issued by Boodle Hatfield, London W1.

David Higham of Rugby, who claims he was wrongly sacked from his £69,000-a-year job as a managing director, is suing his former boss. Higham was managing director of Oleo International, Telford, Shropshire. The writ claims he was wrongly required by Oleo's holding company, Wagon Industrial Holdings, on 8 July 1997, to resign from the post he took up in October 1995. It adds that he did not resign, but that since 15 July 1997, Oleo had failed to pay him his salary or provide him with other benefits which went with the job. It also says that in August last year the company's solicitor wrote to him purporting to summarily terminate his employment. Now he is suing Oleo for damages for alleged breach of contract.

Writ issued by Eversheds, Birmingham.