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Meanwhile, no payments representing salary or other benefits which Angus would have earned were paid after July 2007 to Lucy and the kids, although a £121,000 pension pot was paid to them in 2008. Over the same period, the judge said, on top of the loan account, Alistair had paid himself a salary and bonuses that were on occasion 'far too high' and were 'excessive in seven out of the ten years following his brother's death.'Īllan, 56, also took 'excessive' pay from the company in six out of the ten years after Angus died. Money from those loans was spent by the brothers on personal expenses, including home improvements and flights, the judge said. In the years between Angus's death and 2015, the brothers took out over £1million between them in 'entirely informal' directors' loans, creating 'a significant credit risk for the company,' said the judge. 'Internecine warfare' raged between the surviving brothers, who each began to raid the company for more and more money, while failing to pay any cash at all to Lucy and the children after 2008.Īt the same time, Lucy was 'excluded' from important company meetings, the judge added. In the High Court, Judge Daniel Schaffer dismissed Alistair's objections to the petition, leaving him facing a bankruptcy order if the debt to Lucy is not paid.īut while the three brothers had 'stuck together' despite frequent 'disagreements' while Angus was alive, after his death Alistair and Allan fell to 'constant feuding', Judge Paul Matthews found after last year's High Court trial. In July, Lucy presented a bankruptcy petition targeting Alistair - who is managing director of the chain - as the money had not been handed over. Lucy, 44, was regarded as a 'gold digger' by Alistair, 52, said Judge Paul Matthews.Īfter a High Court battle last year, the brothers were ordered to personally buy Lucy and the children out of the company, putting them in line for a payout that lawyers said could be worth 'up to £7million.'Īlistair and Allan were ordered to make a £1.5million interim payment in March last year. The High Court found that after his death, Angus' tycoon brothers used the company as their personal 'piggy bank,' while the financial rights of his widow Lucy and their two children were 'ignored'. Pictured: Allan McCallum-Toppin and his mother Anna The High Court found that after his death, Angus' tycoon brothers used the company as their personal 'piggy bank'.