Kieran Corrigan & Co Ltd v Onee Group Ltd & Ors [2024] EWHC 2146 (Ch) (16 August 2024)

Kieran Corrigan & Co Ltd v Onee Group Ltd & Ors [2024] EWHC 2146 (Ch) (16 August 2024)

The court found that, but for the defendants' misuse of confidential information, the parties would have entered into a deal involving a joint venture with a share of gross receipts (less introducer commissions). The appropriate compensatory measure is a 40% share of gross receipts (net of introducer fees) to the claimant, reflecting the value of the confidential information and the likely outcome of a hypothetical negotiation, rather than the 50% claimed or a consultancy fee. The claimant is entitled to damages calculated on this basis.

Citation
[2024] EWHC 2146 (Ch)
Parties
Claimant: Kieran Corrigan & Co Limited; First Defendant: OneE Group Limited; Second Defendant: Bashir Timol; Third Defendant: Dominic Slattery; Fourth Defendant: Timothy Johnson
Jurisdiction
England and Wales
Judgment Date
16 August 2024
Procedural Posture
Inquiry as to Damages Following Liability Judgment / Quantum Assessment After Liability Established
Outcome
Damages awarded to claimant based on 40% share of gross receipts (net of introducer commissions) generated from the Nemaura Structure by the defendants.
Legal Topics
Breach of Confidence, Unlawful Means Conspiracy, Damages Assessment, Negotiating Damages, Quantum of Damages, Confidential Information, Joint Venture, Hypothetical Licence Fee
Equity Commercial Law Confidentiality Tort Breach of Confidence Unlawful Means Conspiracy Damages Assessment Negotiating Damages +4 more

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Parties

Kieran Corrigan & Co Limited

Claimant

OneE Group Limited

First Defendant

Bashir Timol

Second Defendant

Dominic Slattery

Third Defendant

Timothy Johnson

Fourth Defendant

Procedural Posture

Inquiry as to Damages Following Liability Judgment / Quantum Assessment After Liability Established

Legal Issues

  1. 1 How should damages be quantified for misuse of confidential information and unlawful means conspiracy?
  2. 2 Would the parties have entered into a deal, and on what terms?
  3. 3 Is the claimant entitled to a share of gross receipts, a hypothetical licence fee, or a consultancy fee?

Ratio Decidendi

The court found that, but for the defendants' misuse of confidential information, the parties would have entered into a deal involving a joint venture with a share of gross receipts (less introducer commissions). The appropriate compensatory measure is a 40% share of gross receipts (net of introducer fees) to the claimant, reflecting the value of the confidential information and the likely outcome of a hypothetical negotiation, rather than the 50% claimed or a consultancy fee. The claimant is entitled to damages calculated on this basis.

Court Disposition

Damages awarded to claimant based on 40% share of gross receipts (net of introducer commissions) generated from the Nemaura Structure by the defendants.

Orders

  • Defendants to pay claimant damages calculated as 40% of gross receipts (after deduction of introducer commissions) from the Nemaura Structure.
  • Further directions for quantification and payment to be determined if not agreed.