Matthew Robert Hellens v Joel Berkowitz & Anor

Facts

High Resolution Design Limited, trading as The London Toy Company, was incorporated in 2015 by Mr Joel Berkowitz, a transport and automotive designer. Mr Matthew Hellens acquired a 50% shareholding for £80,000 in February 2022, the two men being close friends as well as business partners, and thereafter provided working capital and corporate management expertise while Mr Berkowitz supplied design flair and client relationships. Relations soured. Mr Hellens discovered that Mr Berkowitz had, from 2022 onwards, diverted business and payments from the Company to Iconica Group Limited, a company he controlled and of which Mr Hellens knew nothing, and later to Toyco Limited, incorporated by the Company's financier Conance Limited through a nominee. The diverted matters included orders from the London Transport Museum, Amazon Prime Air, Connect Management and LUMO, and Mr Berkowitz had secret control of Mr Hellens's email account, deleting incoming orders. Mr Berkowitz gave undertakings in October 2024 but Mr Hellens considered them breached. Mr Hellens petitioned under section 994 of the Companies Act 2006; Mr Berkowitz cross-petitioned, alleging bullying, controlling and abusive conduct by Mr Hellens towards him and towards suppliers. Both sought to buy the other out. An expedited trial on liability took place over three days in February 2026, quantum being adjourned.