JD Wetherspoon Plc v Harris & Ors [2013] EWHC 1088 (Ch) (01 May 2013)

JD Wetherspoon Plc v Harris & Ors [2013] EWHC 1088 (Ch) (01 May 2013)

The applications for summary judgment are dismissed because there are substantial disputes of fact and inference, particularly regarding dishonesty and the payment of bribes, which require a full trial. The application to amend the defence is granted. The application to strike out the majority of Mr Goldberger's witness statement is granted, as it contains inadmissible commentary, argument, and opinion, subject to further agreement or determination on specific paragraphs.

Citation
[2013] EWHC 1088 (Ch)
Parties
Claimant: JD Wetherspoon PLC; First Defendant: Jason Harris; Second Defendant: First London Estates Limited; Third Defendant: Wing Properties Limited; Fourth Defendant: First London Holdings Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2013
Procedural Posture
Civil (chancery Division) / Interlocutory Applications (summary Judgment, Amendment of Defence, Strike Out of Witness Statement)
Outcome
Defendants' applications for summary judgment dismissed; application to amend defence granted; application to strike out majority of Mr Goldberger's witness statement granted, subject to further agreement or determination.
Legal Topics
Dishonest Assistance, Breach of Fiduciary Duty, Bribery, Summary Judgment, Witness Statement Admissibility
Equity Civil Procedure Commercial Law Dishonest Assistance Breach of Fiduciary Duty Bribery Summary Judgment Witness Statement Admissibility

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

JD Wetherspoon PLC

Claimant

Jason Harris

First Defendant

First London Estates Limited

Second Defendant

Wing Properties Limited

Third Defendant

First London Holdings Limited

Fourth Defendant

Procedural Posture

Civil (chancery Division) / Interlocutory Applications (summary Judgment, Amendment of Defence, Strike Out of Witness Statement)

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in claims for dishonest assistance and bribery against the defendants
  2. 2 Whether summary judgment is appropriate given disputed facts and inferences
  3. 3 Admissibility of a witness statement containing commentary, argument, and opinion

Ratio Decidendi

The applications for summary judgment are dismissed because there are substantial disputes of fact and inference, particularly regarding dishonesty and the payment of bribes, which require a full trial. The application to amend the defence is granted. The application to strike out the majority of Mr Goldberger's witness statement is granted, as it contains inadmissible commentary, argument, and opinion, subject to further agreement or determination on specific paragraphs.

Court Disposition

Defendants' applications for summary judgment dismissed; application to amend defence granted; application to strike out majority of Mr Goldberger's witness statement granted, subject to further agreement or determination.

Orders

  • Defendants' applications for summary judgment dismissed
  • Second to fourth Defendants granted permission to amend their Defence