Mon, 20 Mar 2017
Emma Edhem represented David Cardoza, the former chairman of Northampton Town Football Club (NTFC) and his wife Christina Cardoza, in successfully defending a summary judgment application brought against him by Northampton Borough Council.
Northampton Borough Council took assignment of NTFC's causes of action and subsequently issued civil proceedings against David Cardoza (as well as Anthony Cardoza, his father and Christina Cardoza, his wife) alleging breach of fiduciary duty and entering a transaction defrauding creditors. Northampton Borough Council claimed that, during the period between July 2014 and August 2015, David received several payments from NTFC (totalling over £1 million) whilst chairman of NTFC in circumstances where NTFC was insolvent or on the verge of insolvency. Therefore, it was alleged that such payments were received by David in breach of his duties as a director of NTFC.
In November 2016, Northampton Borough Council issued an application for summary judgment in respect of part of its claim, relating to several payments totalling £180,000 made to David between January 2015 and August 2015. Emma Edhem, CC advised and represented David in court on his defence of the application on the basis that David had a real prospect of success, NTFC was never formally declared insolvent and, in any event, David was owed millions of pounds by NTFC when the payments were made to him. Justice Newey handed down his decision earlier last week and dismissed the application. Northampton Borough Council will also be paying David's costs.
View the judgment here.