TCP Europe Ltd v Perry & Ors [2012] EWHC 1940 (QB) (23 July 2012)

TCP Europe Ltd v Perry & Ors [2012] EWHC 1940 (QB) (23 July 2012)

The claims against the fifth, sixth, ninth, tenth, eleventh, twelfth, and thirteenth defendants were struck out as the pleadings and evidence disclosed no reasonable grounds for alleging dishonest assistance, inducement, or conspiracy. The claims against Mr. Perry, Mr. Beckett, and Mr. Fagliarone succeeded in part, as they breached their duties of good faith, fidelity, and mutual trust and confidence by diverting business and misusing confidential information while employed by TCP.

Citation
[2012] EWHC 1940 (QB)
Parties
Claimant: TCP Europe Limited; First Defendant: Tony Perry; Second Defendant: Andrew Beckett; Third Defendant: Robert Fagliarone; Fourth Defendant: Lisa Beckett; Fifth Defendant: Janet Perry; Sixth Defendant: Lisa Eveleigh; Seventh Defendant: Midton Acrylics Limited; Eighth Defendant: Brian Johnston; Ninth Defendant: Jamy Limited; Tenth Defendant: NickNames Limited; Eleventh Defendant: Peter Burt; Twelfth Defendant: Nicholas Burt; Thirteenth Defendant: Keith Allen
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Civil (high Court, Queen's Bench Division) / Judgment After Trial
Outcome
Claims against fifth, sixth, ninth, tenth, eleventh, twelfth, and thirteenth defendants struck out; claims against Mr. Perry, Mr. Beckett, and Mr. Fagliarone succeed in part; summary judgment for fourth defendant; claims against seventh and eighth defendants stayed by consent.
Legal Topics
Breach of Contract, Breach of Fiduciary Duty, Dishonest Assistance, Inducing Breach of Contract, Conspiracy, Summary Judgment, Strike Out Applications
Employment Law Equity and Trusts Tort Law Company Law Breach of Contract Breach of Fiduciary Duty Dishonest Assistance Inducing Breach of Contract +3 more

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 10 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

TCP Europe Limited

Claimant

Tony Perry

First Defendant

Andrew Beckett

Second Defendant

Robert Fagliarone

Third Defendant

Lisa Beckett

Fourth Defendant

Janet Perry

Fifth Defendant

Lisa Eveleigh

Sixth Defendant

Midton Acrylics Limited

Seventh Defendant

Brian Johnston

Eighth Defendant

Jamy Limited

Ninth Defendant

NickNames Limited

Tenth Defendant

Peter Burt

Eleventh Defendant

Nicholas Burt

Twelfth Defendant

Keith Allen

Thirteenth Defendant

Procedural Posture

Civil (high Court, Queen's Bench Division) / Judgment After Trial

Legal Issues

  1. 1 Whether employees breached contractual and fiduciary duties to employer by diverting business and misusing confidential information
  2. 2 Whether third parties dishonestly assisted or induced breaches of duty or contract
  3. 3 Whether conspiracy to injure by unlawful means was established

Ratio Decidendi

The claims against the fifth, sixth, ninth, tenth, eleventh, twelfth, and thirteenth defendants were struck out as the pleadings and evidence disclosed no reasonable grounds for alleging dishonest assistance, inducement, or conspiracy. The claims against Mr. Perry, Mr. Beckett, and Mr. Fagliarone succeeded in part, as they breached their duties of good faith, fidelity, and mutual trust and confidence by diverting business and misusing confidential information while employed by TCP.

Court Disposition

Claims against fifth, sixth, ninth, tenth, eleventh, twelfth, and thirteenth defendants struck out; claims against Mr. Perry, Mr. Beckett, and Mr. Fagliarone succeed in part; summary judgment for fourth defendant; claims against seventh and eighth defendants stayed by consent.

Orders

  • Claims against Janet Perry, Lisa Eveleigh, Jamy Limited, NickNames Limited, Peter Burt, Nicholas Burt, and Keith Allen struck out under CPR 3.4(2)(a)
  • Summary judgment for Lisa Beckett (fourth defendant)