Arletech Ltd v Millard & Ors [2001] EWCA Civ 1807 (12 November 2001)

Arletech Ltd v Millard & Ors [2001] EWCA Civ 1807 (12 November 2001)

The recorder was entitled to find, on the facts, that there was no actionable conspiracy or breach of contract causing loss, and that the claims for conversion and damages failed. The findings on causation and damages were factual and not susceptible to successful appeal. The costs order was within the recorder's discretion.

Citation
[2001] EWCA Civ 1807
Parties
Claimant/applicant: Arletech Limited; Defendant/respondent: Jonathan G Millard; Defendant/respondent: Howard Andreas Taylor; Defendant/respondent: Richard Bayliss
Jurisdiction
England and Wales
Judgment Date
12 November 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Breach of Contract, Conspiracy, Conversion, Damages, Duty of Fidelity, Costs
Employment Law Contract Law Civil Procedure Breach of Contract Conspiracy Conversion Damages Duty of Fidelity +1 more

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Parties

Arletech Limited

Claimant/applicant

Jonathan G Millard

Defendant/respondent

Howard Andreas Taylor

Defendant/respondent

Richard Bayliss

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether Mr Taylor was in breach of contract by encouraging Mr Millard to leave and set up in competition
  2. 2 Whether there was a conspiracy between the defendants to leave and compete with the claimant
  3. 3 Whether the defendants committed conversion of company property

Ratio Decidendi

The recorder was entitled to find, on the facts, that there was no actionable conspiracy or breach of contract causing loss, and that the claims for conversion and damages failed. The findings on causation and damages were factual and not susceptible to successful appeal. The costs order was within the recorder's discretion.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal dismissed
  • No order as to costs in relation to Mr Taylor