GH Cornish LLP & Ors v Smith

GH Cornish LLP & Ors v Smith

Mr Smith breached the compromise agreement by retaining documents to which he was not entitled. However, the claimants failed to prove, on the balance of probabilities, that Mr Smith was responsible for the alleged harassment, due to the absence of forensic evidence and the possibility of another person being involved.

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
Judgment for the claimants in part; claim for breach of compromise agreement succeeds; harassment claim dismissed.
Legal Topics
Breach of Compromise Agreement, Harassment, Retention of Confidential Documents
Contract Tort 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 Mr Smith breached the compromise agreement by retaining confidential documents
  2. 2 Whether Mr Smith harassed the claimants in breach of the compromise agreement and the Protection from Harassment Act 1997

Ratio Decidendi

Mr Smith breached the compromise agreement by retaining documents to which he was not entitled. However, the claimants failed to prove, on the balance of probabilities, that Mr Smith was responsible for the alleged harassment, due to the absence of forensic evidence and the possibility of another person being involved.

Court Disposition

Judgment for the claimants in part; claim for breach of compromise agreement succeeds; harassment claim dismissed.

Orders

  • Claimants entitled to relief for breach of compromise agreement (form of relief to be determined)
  • Harassment claim dismissed