UK Dry Risers Ltd v Maher

UK Dry Risers Ltd v Maher

Jack Maher stole UKDR's dry riser components and installed them at Dunmore Point and Granard House, constituting the tort of conversion. However, the installations did not breach the contractual undertakings because the information allegedly used was either in the public domain or provided by TDK, not confidential to UKDR. The counterclaim for unpaid invoices succeeds as UKDR failed to justify deductions or withholding payment.

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 / Judgment After Trial
Outcome
Claim for conversion succeeds; claim for breach of contract fails; counterclaim succeeds.
Legal Topics
Conversion, Breach of Contract, Confidential Information, Counterclaim
Tort Contract Conversion Breach of Contract Confidential Information 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 / Judgment After Trial

Legal Issues

  1. 1 Whether Jack Maher stole dry riser components belonging to UK Dry Risers Limited (conversion)
  2. 2 Whether Jack Maher breached contractual undertakings regarding confidential information
  3. 3 Whether the counterclaim for unpaid invoices by JM Fire Protection Maintenance Limited succeeds

Ratio Decidendi

Jack Maher stole UKDR's dry riser components and installed them at Dunmore Point and Granard House, constituting the tort of conversion. However, the installations did not breach the contractual undertakings because the information allegedly used was either in the public domain or provided by TDK, not confidential to UKDR. The counterclaim for unpaid invoices succeeds as UKDR failed to justify deductions or withholding payment.

Court Disposition

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

Orders

  • Damages of £3,690.72 plus interest awarded to UK Dry Risers Limited for conversion.
  • Counterclaim by JM Fire Protection Maintenance Limited succeeds for £13,628 plus VAT plus interest.