Barclay Brothers In High Court To Refute 'Embarrasing' Accusations

Barclay Brothers Take Boardroom Row To High Court

Two of the UK's best-known businessmen accused a property entrepreneur of trying to "tarnish" their reputations as a boardroom row over the control of three of London's most famous hotels spilled into the High Court.

Sir David Barclay and his twin brother, Sir Frederick, denied Patrick McKillen's allegation of "unlawful" behaviour and said his complaints were designed to "embarrass" them.

All three men were investors in Coroin - the company which owns Claridges, the Connaught and the Berkeley hotels, judge Mr Justice David Richards was told at a High Court hearing in London.

Mr McKillen, from Belfast, had taken legal action against the Barclay brothers and claims that "company affairs" were conducted in a "manner unfairly prejudicial to his interests".

The Barclay brothers, who grew up in London, were contesting his claims, the judge heard.

In written submissions given to the judge, Philip Marshall QC, for Mr McKillen, said Coroin was set up in 2004 to buy hotels.

He said Mr McKillen, who was at the hearing, was a director and "substantial shareholder" and told the judge that a shareholders' agreement contained "express obligations of good faith".

Mr McKillen had been the "most active" shareholder and had overseen "developments" which had been a "success", said Mr Marshall.

The value of "the hotels" had increased from £530 million to £985m over six years and Coroin was worth more than £1 billion, he added.

Mr Marshall said the Barclay brothers were "well-known businessmen" whose interests also included London hotels the Ritz and Cavendish.

He said the Barclay brothers had made attempts to obtain "complete control" of Coroin and used "various tactics" which involved "infringements" of Mr McKillen's rights under a shareholders' agreement.

Mr McKillen contended that he had been a victim of "unlawfulness" and "unfairly prejudicial conduct", he said.

The Barclay brothers, who were not in court, denied Mr McKillen's allegations.

"Both Sir Frederick and Sir David deny the allegations against them," said Lord Grabiner QC, for the Barclay brothers, in written submissions given to the judge.

"It is clear that these serious allegations have been made for tactical reasons, to try to embarrass Sir Frederick and Sir David and to tarnish their reputations."

Lord Grabiner added: "What Mr McKillen does not want or like is that he may be squeezed out of Coroin because he cannot afford to stay in (ie pay the sums required to put Coroin on a sound financial footing).

"Sir Frederick and Sir David cannot be held responsible for this. It is a fact of life that if you want to be a shareholder of a company with a value approaching £1 billion, but you have no money, you are likely to lose out in the end."

He said what the Barclay brothers had done was "lawful" and "certainly intended and believed to be lawful".

The hearing continues.

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