GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)

GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)

The defendant breached the compromise agreement by retaining documents he was not entitled to keep. However, the claimants failed to prove on the balance of probabilities that the defendant was responsible for the alleged harassment (anonymous emails, texts, and letters), due to the absence of direct or forensic evidence and the possibility of other perpetrators.

Citation
[2013] EWHC 3563
Parties
Claimant: GH Cornish LLP; Claimant: Harvey Barry Shulman; Claimant: Jennifer Barbara Shulman; Defendant: Barrie Thomas Smith
Jurisdiction
England and Wales
Judgment Date
20 November 2013
Procedural Posture
Civil / High Court Trial Judgment
Outcome
Claim for breach of compromise agreement succeeds; claim for harassment fails.
Legal Topics
Breach of Compromise Agreement, Harassment, Confidential Information, Forensic Evidence, Protection From Harassment Act 1997
Contract Law Tort Law Employment Law Breach of Compromise Agreement Harassment Confidential Information Forensic Evidence Protection From Harassment Act 1997

Case Brief

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Parties

GH Cornish LLP

Claimant

Harvey Barry Shulman

Claimant

Jennifer Barbara Shulman

Claimant

Barrie Thomas Smith

Defendant

Procedural Posture

Civil / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant retained documents in breach of the compromise agreement
  2. 2 Whether the defendant harassed the claimants in breach of the compromise agreement and the Protection from Harassment Act 1997
  3. 3 Whether the defendant was responsible for sending various anonymous emails, texts, and letters

Ratio Decidendi

The defendant breached the compromise agreement by retaining documents he was not entitled to keep. However, the claimants failed to prove on the balance of probabilities that the defendant was responsible for the alleged harassment (anonymous emails, texts, and letters), due to the absence of direct or forensic evidence and the possibility of other perpetrators.

Court Disposition

Claim for breach of compromise agreement succeeds; claim for harassment fails.

Orders

  • Defendant to deliver up all documents retained in breach of the compromise agreement, except those permitted under clause 8.
  • No relief granted on the harassment claim.