Henry family and directors face claims topping £31m

Aaron Morby 2 months ago
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Administrators of collapsed contractor Henry Construction Projects have launched claims totalling over £31m against its former directors and members of the Henry family.

FRP Advisory set out the extent of the multiple claims it is pursuing in the latest administrators’ update for trade creditors.

This follows extensive investigations into payments made in the run-up to the firm’s administration last summer.

A £10m dividend paid in January 2023 by Henry Construction to its parent Holding company – while the parent still owed a similar amount back – is at the centre of one major claim.

That money later ended up in the hands of Elizabeth Henry, the mother of former Henry Construction boss Mark Henry, just days before the company went under, says FRP.

FRP has issued proceedings against Mark Henry and former director John Noone for breach of fiduciary duty, as well as Elizabeth Henry as the final recipient of the cash.

It is now seeking repayment of the full £10m plus interest.

A further £15.8m is being chased from a network of linked firms dubbed the “Keash Companies”, several of which list Mark Henry, his wife Therese Woulfe, and his brother Liam as directors or former directors.

FRP alleges the companies benefitted from unpaid debts. The heads of claim include debt claims, unjust enrichment, and unconscionable receipt.

A separate £5.5m claim was filed in April this year over what the administrators allege are personal benefits extracted from the business by members of the Henry family. These include:

  • £2m paid to HMRC to settle personal tax bills for Elizabeth and William Henry (Mark Henry’s now deceased father)

  • Free construction works at properties owned by Mark Henry, Therese Woulfe, and Mark’s sister Sarah Dundon

  • £132k paid to Woulfe shortly before the collapse, allegedly for mental health training provided to the company

  • A £270k director’s loan owed by Mark Henry

The action names Mark Henry, John Noone, Elizabeth Henry, Sarah Dundon, Sean Dundon, and Therese Woulfe as defendants.

Administrators have confirmed that none of the parties responded to letters before action, prompting formal claims earlier this year. They are now awaiting defences in all three cases.

Despite requests, Henry directors failed to submit a statement of affairs at the start of the administration process.

FRP said its investigations were ongoing and the creditors’ committee would be kept informed as further potential claims were considered.

The outcome of the claims will impact the potential distribution to unsecured creditors.

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