Jencare claim struck out over board-authority gap

Jencare Skin Farm Company Limited’s claim against Lloyd Samuda ended at a procedural hurdle on 17 September 2026. Justice Stephane Jackson-Haisley found that the company lacked authority to bring the proceedings as framed. Jencare had alleged breaches of fiduciary duty involving company revenue and banking arrangements; those allegations were not decided on their merits.

The board had authorised proceedings if Samuda failed to provide an accounting by 23 May 2025, with a demand to be issued earlier. The chairperson instead sent a demand on 28 May, setting a June deadline. The judge found no resolution, delegated authority, unanimous consent or subsequent ratification supporting that change. Other disputes about board membership and conflicts required contested evidence and were not the decisive basis for striking out.

The court refused leave to appeal and apportioned application costs 80% to Samuda and 20% to Jencare. Its discussion of possible disclosure was conditional, not an operative order.

Report of the delivered decision. Later appeals or variations have not been checked.