Lagan family feud revealed in court ruling

Grant Prior 12 years ago
Share

Two brothers who built the giant Lagan Group had a bitter feud which threatened the business.

Kevin and Michael Lagan grew the Lagan Group into a company with 1,000 staff and an annual turnover of £400m.

But the BBC has discovered details of the falling out which were revealed in a High Court judgement which concerned Michael’s attempt to have the business wound up.

The ruling was delivered in 2008 but could not be reported until now for legal reasons.

It describes how “increasing and unresolved differences” between the brothers developed into a “serious conflict”.

In a joint statement issued to the BBC today the brothers said said they now have separate businesses but are working together on areas of mutual interest.

In affidavits filed in 2008 as part of the court case Michael Lagan accused his brother of seriously undermining their “relationship of trust and confidence”.

He claimed Kevin’s behaviour involved reneging on agreements and trying to exclude him from the management of the group.

Michael also said Kevin undertook a “tactical manoeuvre” which involved pressuring him to invest £9m of his personal money in the group’s house-building operation and breaching fiduciary duties in respect of a £31m deal to buy a Welsh slate company.

He said the attempt to have the business wound-up was taken as a last resort after Kevin failed to make “a fair and reasonable offer” to buy his 42.5% share of the business.

In responding affidavits Kevin Lagan rejected those claims and said Michael’s attempt to have the group wound up had caused it “substantial damage”.

He said the act of filing a winding-up petition had, at that time, put the company in technical default of bank loans and PFI contracts.

Another Lagan director gave evidence that had the petition become public it would have had “catastrophic” consequences for the business.

In the event the court ordered that as the case was essentially a dispute between the two men, and the business was solvent, the petition should not be made public.

That order was removed in December 2011 which cleared the way for details of the case to be published.

The judgement suggests that the roots of the dispute go back to 2001 when there were efforts by the two men to agree on the re-organisation of the group.

From around 2004, there was an “informal demerger” which saw the management of one company division report to Michael and the other four divisions report to Kevin.

But Michael complained that in 2005 Kevin had “frustrated” the agreed sale of the group’s building materials and clay business.

Then in 2006 they reached what the judge described as “at most an agreement in principle” on a “partition” which would have seen each of them take exclusive ownership of different parts of the business.

Michael later complained the Kevin had “reneged” on this deal with a view to getting him to sell his shareholding for a reduced price.

Matters appeared to reach a head in 2007 when a company in which Kevin was the majority shareholder paid £31m to acquire Welsh Slate.

Mr Justice McCloskey described this deal as “the impetus for a major rift between the brothers”.

There were then further unsuccessful negotiations before Michael filed the petition as what he described as “a last resort”.

That could have lead to the group being broken up and its trading companies sold.

Kevin’s affidavits said the petition had had the effect of “fundamentally altering” the firm’s relationships with its bankers and business partners.

The judge said there was then a “trading of punch and counter-punch” when more allegations were made.

In the event, the winding-up petition did not go to a full hearing because the substantive matters were settled out of court.

The settlement involved Michael Lagan taking exclusive control of some parts of the business, now called the Lagan Construction Group.

Its most recent set of accounts, for the year to March 2011, refer to it acquiring the civil engineering, piling, PFI and operating and maintenance business of the Lagan Group as “part of a wider re-organisation”.

In a joint statement issued today to the BBC the brothers said: “This matter relates to a succession planning issue which arose some four years ago.

“In 2008, acting in the best interests of the Lagan businesses, we entered a process of negotiation and discussion through the Chancery Court. The issue was subsequently resolved by agreement to separate certain of the Lagan companies, the smooth transition of which completed in 2010.

“We continue to work closely on areas of mutual interest while leading our individual businesses through this challenging economic climate.”

Latest news

Morgan Sindall to build former Willmott Dixon leisure job

New contractor appointed on
14 hours ago

Graham consortium wins £400m Manchester job

Equitix consortium to now work up DBFO plans for University of Manchester’s Fallowfield Campus
10 hours ago

Keltbray looking to sell infrastructure business

£378m turnover rail, energy and highways business up for sale
21 hours ago

Innovative viaduct building method used for first time in UK

HS2 contractors will build nine viaducts in Delta Junction using special cantilevered process
21 hours ago

Unite buys London site to fast-track 444-bed student scheme

£800m to be spent on London development pipeline in next five years
21 hours ago

CITB awards £2.5m of contracts to management consultant

Three outsourced deals in the last year for "project leadership and management consultancy"
21 hours ago

Village centre approved for 6,000-home new town plan

Hampshire's Welborne Garden Village plan has been in the pipeline for two decades.
20 hours ago

£3m fine after cherry picker demolition death

Court rules after tragedy during decommissioning of gas rig
21 hours ago

BAM plans wave of job cuts at UK Construction arm

Co-op Live arena plunges Bam Construction to £19.5m first-half loss
2 days ago

Robot tunnel builder goes into administration

Hypertunnel was hoping to revolutionise how underground structures are built
2 days ago

Wates to build £86m Guildford Council housing scheme

40% of the 248 homes will become council homes under partnership deal
2 days ago

“Scrap CITB” say three quarters of construction firms

Payroll giant Hudson Contract calls for CITB to be absorbed into new Skills England training body
2 days ago

£100m Prestwich Village revival approved

Vinci and Willmott Dixon in chase for Muse-led regeneration scheme
2 days ago

Carbon negative asphalt aggregate trialled on M11

Skanska and Tarmac test CO2 absorbing aggregate material on stretch of Essex motorway
2 days ago

Father and son sentenced over covid construction loan fraud

Bristol builders given suspended jail sentences over bogus Bounce Back Loans
2 days ago

Beck Interiors files administration notice

Supply chain has suffered delayed payments from £139m-turnover luxury fit out specialist
3 days ago

Green light for York Central civil service office hub

£60m office project accelerates York Central goods yard redevelopment
3 days ago

Blenheim House Construction enters administration

Administrators looking at options on present projects
3 days ago

Profits rise at Esh Group with more to come

Contractor confident about year ahead as market conditions move in right direction
3 days ago

Piling specialist Van Elle sees housing orders rise 30%

Mark Cutler says firm on course to deliver 10% annual sales growth
3 days ago

HS2 to spend £100m shutting sites where work never started

Remediation of sites no longer needed for cancelled Phase 2 will take three years
4 days ago

Willmott Dixon wins £61m deal for new Army dog unit

Contractor to revamp Kendrew Barracks in Rutland
3 days ago

Stockport advances 4,000-home Town Centre East plan

Council seeks consultants to steer plan for 280-acre area in the city
3 days ago

ISG sale imminent as buyers set-up UK holding company

South African nutrition entrepreneur and Australian partner primed to take over
4 days ago

CR Construction wins £210m Manchester towers

Construction to start next year on four blocks ranging from nine to 34-storeys
4 days ago

Southern Housing to rationalise supply chain following merger

Firms put on alert for £1.7bn construction framework renewal
4 days ago

Decision delayed on 52-storey Isle of Dogs tower

Hong Kong developer plans 460 flats block next to Millwall Inner Dock
4 days ago

Go-ahead for £850m North London estate rebuild

Flagship Edmonton housing estate redevelopment will deliver 2,000 new homes
4 days ago

Mace lands £184m Oxford Science Park contract

Contractor to build trio of laboratory and office buildings
5 days ago

Worker paralysed in 30ft fall during electricity pylon demolition

Specialist firm fined £240,000 after court hears linesman attached lanyard to a loosened steel section
4 days ago

Contractor services