Mex Group Worldwide Limited v Adam Duthie & Anor

Mex Group Worldwide Limited v Adam Duthie & Anor

There are triable issues of fact and law regarding the iniquity exception, waiver, and de minimis defences; the defendants' case is not so unarguable or incredible as to justify summary judgment or strike out. However, there is no arguable defence to the claim for delivery up or destruction of client property, and summary judgment is granted on that point, with remedy deferred until after trial or further order.

Parties
Claimant: Mex Group Worldwide Limited; Defendant: Adam Duthie; Defendant: Duthie Consultants Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2025
Procedural Posture
Civil / Application for Strike Out And/or Summary Judgment
Outcome
Application for strike out and summary judgment refused except for claim for delivery up or destruction of client property, where summary judgment is granted; remedy deferred until after trial or further order.
Legal Topics
Breach of Confidence, Legal Professional Privilege, Solicitor's Duties, Summary Judgment, Waiver of Privilege, Iniquity Exception, Retention of Client Property
Civil Procedure Contract Law Professional Ethics Breach of Confidence Legal Professional Privilege Solicitor's Duties Summary Judgment Waiver of Privilege +2 more

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Parties

Mex Group Worldwide Limited

Claimant

Adam Duthie

Defendant

Duthie Consultants Limited

Defendant

Procedural Posture

Civil / Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the defendants breached duties of confidence and wrongfully retained client documents
  2. 2 Whether the iniquity exception to privilege applies
  3. 3 Whether the defendants have any arguable defence to the claims

Ratio Decidendi

There are triable issues of fact and law regarding the iniquity exception, waiver, and de minimis defences; the defendants' case is not so unarguable or incredible as to justify summary judgment or strike out. However, there is no arguable defence to the claim for delivery up or destruction of client property, and summary judgment is granted on that point, with remedy deferred until after trial or further order.

Court Disposition

Application for strike out and summary judgment refused except for claim for delivery up or destruction of client property, where summary judgment is granted; remedy deferred until after trial or further order.

Orders

  • Application to strike out defence and/or for summary judgment refused except as to delivery up/destruction of client property
  • Summary judgment granted for delivery up or destruction of client property; remedy deferred