AM Holdings Limited -v- Henderson Global Investors Limited

Simon Davenport QC and Aidan Casey successfully obtained an order for pre-action disclosure in the Chancery Division on behalf of their client, AM Holdings Limited (AMH) against Henderson Global Investors Limited (Henderson) in relation to the purchase by Henderson of the Leadenhall Triangle portfolio of properties in June 2011 for £188 million.

In her judgment, the Honourable Mrs Justice Rose said: “that there is evidence here that justifies AMH’s belief that Henderson has been involved in arrangement that may have resulted in AMH suffering compensatable injury….in my judgment there are questions raised here about what information was made available to Henderson when formulating its bid in February [2011] and the later stages, why it appears they were the only bidder allowed to undertake full due diligence and why their bid was preferred over the higher bid from Brookfield…”. The Judge also said that the cumulative effect of the documents on which AMH is currently basing its inferential case indicates to her that: “there is a sufficient degree of likelihood that this claim is justified for me to exercise my discretion in favour of ordering disclosure.”

 

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