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 confidential documents to which he was not entitled. However, the claimants failed to prove, on the balance of probabilities, that the defendant was responsible for the alleged acts of harassment after the compromise agreement, due to lack of direct evidence and the absence of expert forensic evidence.

Citation
[2013] EWHC 3563 (QB)
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 / Judgment After Trial
Outcome
Claim for breach of compromise agreement succeeded; claim for harassment failed.
Legal Topics
Breach of Compromise Agreement, Harassment, Retention of Confidential Documents
Contract Law Tort Law Employment Law Breach of Compromise Agreement Harassment Retention of Confidential Documents

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 / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached the compromise agreement by retaining confidential documents
  2. 2 Whether the defendant harassed the claimants in breach of the Protection from Harassment Act 1997 and the compromise agreement

Ratio Decidendi

The defendant breached the compromise agreement by retaining confidential documents to which he was not entitled. However, the claimants failed to prove, on the balance of probabilities, that the defendant was responsible for the alleged acts of harassment after the compromise agreement, due to lack of direct evidence and the absence of expert forensic evidence.

Court Disposition

Claim for breach of compromise agreement succeeded; claim for harassment failed.

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.