MetalNRG PLC Legal Proceedings Update
08 June 2022 - 4:01PM
RNS Non-Regulatory
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MetalNRG PLC
08 June 2022
8 June 2022
MetalNRG plc
Update on legal proceedings taken by Mr Pierpaolo Rocco against
the Company in the Scottish Courts
MetalNRG plc (the "Company") announces that Sheriff Philip Mann
has issued his judgement in the case brought by Mr Rocco (a former
director of the Company) in the Scottish Sheriff's Court in which
he sought a "declarator" (effectively a court confirmation) and
certain other court orders for payment against the Company, on the
basis of a service agreement between the parties relating to Mr
Rocco's now-terminated employment with the Company.
Specifically, Mr Rocco sought: (1) payment of a termination
payment in the sum of GBP50,000; (2) confirmation that indemnity
provisions for legal expenses contained in the service agreement
extended to cover Mr Rocco's legal costs in the action brought by
the Company in the High Court in England and Wales against him,
Brit Energy Holdings LLP and BritNRG Limited on an unrestricted and
unlimited basis; and (3) payment of his legal expenses in the
action brought against him by the Company in the sum of
GBP100,899.24 and continuing.
Sheriff Mann denied all of the applications made by Mr Rocco,
confirming (as the Company had argued) that (1) the termination
payment could only be due in circumstances in which Mr Rocco was a
"good leaver"; and (2) the indemnity could not be construed to
extend to allow Mr Rocco to take legal advice or recover his costs
relating to his own breach of the service agreement or behaviour
and that any alternative construction would also be incompatible
with the general principle that a person should not be entitled to
benefit from his own breach of contract.
This ruling effectively disposes of Mr Rocco's claims in the
Sheriff's Court and the Company expects to make an application for
its costs in this matter against Mr Rocco at a case management
hearing scheduled for 21 June 2022.
Mr Rocco has now brought a separate claim in the Scottish
Employment Tribunal for, inter alia, wrongful and unfair dismissal.
The Company will vigorously defend this action when it is
heard.
The Company is currently awaiting a date for the hearing of its
application for summary judgment against Brit Energy Holdings LLP
and BritNRG Limited in the proceeds brought by it against those
entities and Mr Rocco personally. The fact that the summary
judgment application does not extend to Mr Rocco is merely a
technical procedural matter; if the Company obtains summary
judgment against Brit Energy Holdings LLP and BritNRG Limited this
will dispose of the action against two of the three defendants to
that action in short order and will allow the Company to streamline
the case as regards Mr Rocco personally.
The Company will provide further updates on the application for
summary judgement in due course.
END
Contact details:
MetalNRG plc
Rolf Gerritsen
Christopher Latilla-Campbell +44 (0) 20 7796 9060
Corporate Broker
PETERHOUSE CAPITAL LIMITED
Lucy Williams/Duncan Vasey +44 (0) 20 7469 0930
----------------------
Corporate Broker
SI CAPITAL LIMITED
Nick Emerson +44 (0) 1483 413500
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END
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June 08, 2022 02:01 ET (06:01 GMT)
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