Bailey & Anor v Graham (aka "Levi Roots") & Ors

Bailey & Anor v Graham (aka "Levi Roots") & Ors

The claimants failed to prove the existence of an oral agreement or confidential disclosure of the sauce recipe. The trial judge's methodology and credibility findings were justified. The recipe was not sufficiently certain or secret to support a breach of confidence claim. Fresh evidence (psychological report) was not admissible as it could have been obtained before trial and would not have affected the outcome. The appeal is dismissed.

Parties
Appellant / Claimant: Anthony Bailey; Appellant / Claimant: Sylvester Williams; Respondent / Defendant: Keith Valentine Graham (aka Levi Roots); Respondent / Defendant: Levi Roots’ Reggae Reggae Foods Ltd; Respondent / Defendant: Roots’ Reggae Reggae Sauce Ltd
Jurisdiction
England and Wales
Judgment Date
16 November 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Breach of Contract, Breach of Confidence, Credibility of Witnesses, Admissibility of Fresh Evidence
Contract Law Intellectual Property Equity Breach of Contract Breach of Confidence Credibility of Witnesses Admissibility of Fresh Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Bailey

Appellant / Claimant

Sylvester Williams

Appellant / Claimant

Keith Valentine Graham (aka Levi Roots)

Respondent / Defendant

Levi Roots’ Reggae Reggae Foods Ltd

Respondent / Defendant

Roots’ Reggae Reggae Sauce Ltd

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether there was an oral agreement for joint venture regarding Reggae Reggae Sauce
  2. 2 Whether confidential information (the sauce recipe) was disclosed in circumstances importing an obligation of confidence
  3. 3 Whether the trial judge erred in assessing credibility and methodology

Ratio Decidendi

The claimants failed to prove the existence of an oral agreement or confidential disclosure of the sauce recipe. The trial judge's methodology and credibility findings were justified. The recipe was not sufficiently certain or secret to support a breach of confidence claim. Fresh evidence (psychological report) was not admissible as it could have been obtained before trial and would not have affected the outcome. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim dismissed
  • Application to adduce fresh evidence refused