JD Wetherspoon Plc v Harris & Ors

JD Wetherspoon Plc v Harris & Ors

The applications for summary judgment are dismissed because there are substantial disputes of fact and inference, including evidence of possible secret commissions, requests for confidentiality, and potential conflicts of interest, which require testing at trial. The application to amend the defence is granted. The application to strike out large parts of Mr Goldberger’s witness statement is granted, as the statement is largely inadmissible commentary, argument, and opinion without direct knowledge.

Parties
Claimant: JD Wetherspoon PLC; 1st Defendant: Jason Harris; 2nd Defendant: First London Estates Limited; 3rd Defendant: Wing Properties Limited; 4th Defendant: First London Holdings Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2013
Procedural Posture
Civil / Interlocutory Applications (summary Judgment, Amendment, Strike Out)
Outcome
Applications for summary judgment dismissed; application to amend defence granted; application to strike out large parts of witness statement granted with limited opportunity for further submissions.
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

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Parties

JD Wetherspoon PLC

Claimant

Jason Harris

1st Defendant

First London Estates Limited

2nd Defendant

Wing Properties Limited

3rd Defendant

First London Holdings Limited

4th Defendant

Procedural Posture

Civil / Interlocutory Applications (summary Judgment, Amendment, Strike Out)

Legal Issues

  1. 1 Whether the claimant has a real prospect of success on claims of dishonest assistance and bribery against the defendants
  2. 2 Whether summary judgment is appropriate in light of disputed facts and inferences
  3. 3 Admissibility of large portions of a witness statement based on lack of direct knowledge and argument

Ratio Decidendi

The applications for summary judgment are dismissed because there are substantial disputes of fact and inference, including evidence of possible secret commissions, requests for confidentiality, and potential conflicts of interest, which require testing at trial. The application to amend the defence is granted. The application to strike out large parts of Mr Goldberger’s witness statement is granted, as the statement is largely inadmissible commentary, argument, and opinion without direct knowledge.

Court Disposition

Applications for summary judgment dismissed; application to amend defence granted; application to strike out large parts of witness statement granted with limited opportunity for further submissions.

Orders

  • Defendants’ applications for summary judgment dismissed
  • Second to fourth defendants granted permission to amend their defence