Theedom v Nourish Trading Ltd (t/a CSP Recruitment) & Anor [2016] EWHC 1364 (QB) (15 June 2016)

Theedom v Nourish Trading Ltd (t/a CSP Recruitment) & Anor [2016] EWHC 1364 (QB) (15 June 2016)

The court found that the defendants had established, on the balance of probabilities, the substantial truth of the defamatory imputations: the claimant did leak confidential information to competitors in breach of contract, was rightly dismissed for gross misconduct, and there were reasonable grounds to suspect criminal offences. The defence of truth under s 2 Defamation Act 2013 succeeded, and the claim was dismissed.

Citation
[2016] EWHC 1364
Parties
Claimant: Sam Theedom; First Defendant: Nourish Trading Limited t/a CSP Recruitment; Second Defendant: Colin Sewell
Jurisdiction
England and Wales
Judgment Date
15 June 2016
Procedural Posture
Defamation (libel) / Trial Judgment After Preliminary Issues and Full Trial
Outcome
Claim dismissed
Legal Topics
Libel, Truth Defence, Gross Misconduct, Constructive Dismissal, Restrictive Covenants, Confidential Information, Serious Harm Requirement, Fraud Act 2006
Defamation Employment Law Libel Truth Defence Gross Misconduct Constructive Dismissal Restrictive Covenants Confidential Information +2 more

Case Brief

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Parties

Sam Theedom

Claimant

Nourish Trading Limited t/a CSP Recruitment

First Defendant

Colin Sewell

Second Defendant

Procedural Posture

Defamation (libel) / Trial Judgment After Preliminary Issues and Full Trial

Legal Issues

  1. 1 Whether the defamatory imputations in the emails were substantially true under s 2 Defamation Act 2013
  2. 2 Whether the claimant was dismissed for gross misconduct or resigned/was constructively dismissed
  3. 3 Whether the claimant disclosed confidential information in breach of contract

Ratio Decidendi

The court found that the defendants had established, on the balance of probabilities, the substantial truth of the defamatory imputations: the claimant did leak confidential information to competitors in breach of contract, was rightly dismissed for gross misconduct, and there were reasonable grounds to suspect criminal offences. The defence of truth under s 2 Defamation Act 2013 succeeded, and the claim was dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim for libel dismissed
  • No damages awarded to claimant