Berryland Books Ltd v BK Books Ltd & Ors

Berryland Books Ltd v BK Books Ltd & Ors

The second to fourth defendants, while still subject to fiduciary and/or contractual duties, unlawfully undertook preparatory acts and exploited maturing business opportunities belonging to Berryland, failed to disclose their wrongdoing, and conspired to injure Berryland by unlawful means. BK Books was Indiren’s alter ego and is jointly liable. Ramasan is liable for conspiracy by facilitating the incorporation of BK Books. Claims for copyright and database infringement were not established on the evidence.

Parties
Claimant: Berryland Books Ltd; Defendant: BK Books Ltd; Defendant: Kuleindiren Selvanandam; Defendant: Helen O’Kane; Defendant: Sophie Baldwin (now Evans); Defendant: Ramasan Navaratnarajah
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Commercial/chancery / Judgment on Liability and Entitlement to Non Financial Remedies; Quantum Stood Over
Outcome
Liability established against the second to fifth defendants for breach of fiduciary duty, breach of duty of fidelity, and conspiracy; BK Books jointly liable; copyright and database claims dismissed.
Legal Topics
Breach of Fiduciary Duty, Breach of Duty of Fidelity, Conspiracy, Knowing Assistance, Inducing Breach of Contract, Copyright, Database Right
Company Law Employment Law Equity and Trusts Tort Law Intellectual Property Breach of Fiduciary Duty Breach of Duty of Fidelity Conspiracy +4 more

Case Brief

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Parties

Berryland Books Ltd

Claimant

BK Books Ltd

Defendant

Kuleindiren Selvanandam

Defendant

Helen O’Kane

Defendant

Sophie Baldwin (now Evans)

Defendant

Ramasan Navaratnarajah

Defendant

Procedural Posture

Commercial/chancery / Judgment on Liability and Entitlement to Non Financial Remedies; Quantum Stood Over

Legal Issues

  1. 1 Whether the defendants breached fiduciary and contractual duties by diverting business from Berryland to BK Books
  2. 2 Whether the defendants conspired to injure Berryland by unlawful means
  3. 3 Whether there was knowing assistance or inducement of breach of contract

Ratio Decidendi

The second to fourth defendants, while still subject to fiduciary and/or contractual duties, unlawfully undertook preparatory acts and exploited maturing business opportunities belonging to Berryland, failed to disclose their wrongdoing, and conspired to injure Berryland by unlawful means. BK Books was Indiren’s alter ego and is jointly liable. Ramasan is liable for conspiracy by facilitating the incorporation of BK Books. Claims for copyright and database infringement were not established on the evidence.

Court Disposition

Liability established against the second to fifth defendants for breach of fiduciary duty, breach of duty of fidelity, and conspiracy; BK Books jointly liable; copyright and database claims dismissed.

Orders

  • Enquiry as to damages ordered; directions and costs to be determined after submissions.