Trevellyan Developments Ltd v Schivaharan [2001] EWCA Civ 356 (8 March 2001)

Trevellyan Developments Ltd v Schivaharan [2001] EWCA Civ 356 (8 March 2001)

There was sufficient evidence, including objective trading figures, test purchases, and adverse credibility findings, to justify the judge's conclusion that the appellant dishonestly caused loss to the respondent. The judge was entitled to assess damages at £8,250 based on the evidence and admissions, even in the absence of precise quantification.

Citation
[2001] EWCA Civ 356
Parties
Claimant/respondent: Trevellyan Developments Ltd; Defendant/appellant: Kanapathipillai Schivaharan
Jurisdiction
England and Wales
Judgment Date
08 March 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed
Legal Topics
Dishonesty, Misappropriation of Stock, Damages Assessment, Burden of Proof, Hearsay Evidence, Standard of Proof in Civil Fraud, Wrongful Dismissal, Counterclaim
Civil Litigation Employment Law Tort Law Dishonesty Misappropriation of Stock Damages Assessment Burden of Proof Hearsay Evidence +3 more

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Parties

Trevellyan Developments Ltd

Claimant/respondent

Kanapathipillai Schivaharan

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether the evidence was sufficient to prove dishonest misappropriation of stock and other losses by the appellant
  2. 2 Whether the judge erred in assessing damages based on admissions and available evidence
  3. 3 Whether the standard of proof for serious allegations was properly applied

Ratio Decidendi

There was sufficient evidence, including objective trading figures, test purchases, and adverse credibility findings, to justify the judge's conclusion that the appellant dishonestly caused loss to the respondent. The judge was entitled to assess damages at £8,250 based on the evidence and admissions, even in the absence of precise quantification.

Court Disposition

Appeal dismissed

Orders

  • Judgment for respondent in the sum of £8,250 and costs
  • Counterclaim dismissed