UK Dry Risers Ltd v Maher [2019] EWHC 44 (QB) (16 January 2019)

UK Dry Risers Ltd v Maher [2019] EWHC 44 (QB) (16 January 2019)

The defendants are liable for the tort of conversion as Mr Maher stole the claimant's dry riser components and installed them at Dunmore Point and Granard House. The claim for breach of contractual undertakings fails because the installations did not involve use or disclosure of confidential information, which was either in the public domain or provided by TDK. The counterclaim for unpaid invoices succeeds as the claimant failed to justify deductions or withholding payment.

Citation
[2019] EWHC 44 (QB)
Parties
Claimant: UK Dry Risers Limited; First Defendant: Jack Maher; Second Defendant: JM Fire Protection Maintenance Limited
Jurisdiction
England and Wales
Judgment Date
16 January 2019
Procedural Posture
Civil / Trial Judgment
Outcome
Claim for conversion succeeds; claim for breach of contract fails; counterclaim succeeds.
Legal Topics
Conversion, Breach of Contract, Confidential Information, Restraint of Trade, Counterclaim
Tort Contract Conversion Breach of Contract Confidential Information Restraint of Trade Counterclaim

Case Brief

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Parties

UK Dry Risers Limited

Claimant

Jack Maher

First Defendant

JM Fire Protection Maintenance Limited

Second Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendants committed the tort of conversion by stealing dry riser components belonging to the claimant
  2. 2 Whether the defendants breached contractual undertakings relating to confidential information
  3. 3 Whether the counterclaim for unpaid invoices succeeds

Ratio Decidendi

The defendants are liable for the tort of conversion as Mr Maher stole the claimant's dry riser components and installed them at Dunmore Point and Granard House. The claim for breach of contractual undertakings fails because the installations did not involve use or disclosure of confidential information, which was either in the public domain or provided by TDK. The counterclaim for unpaid invoices succeeds as the claimant failed to justify deductions or withholding payment.

Court Disposition

Claim for conversion succeeds; claim for breach of contract fails; counterclaim succeeds.

Orders

  • Damages of £3690.72 plus interest awarded to claimant for conversion
  • Counterclaim succeeds for £13,628 plus VAT plus interest in favour of second defendant