Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB) (25 August 2023)

Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB) (25 August 2023)

The court held that, following the striking out of the defence and judgment on liability, the claimant was entitled to remedies based on the pleaded case, but causation and quantum of loss for each head remained to be proved. The evidence established that the defendants' breaches caused the loss of Mr Dickinson's bookings, justifying damages of £160,383 for lost commission. The claim for other lost business was rejected for insufficient evidence. Negotiating damages of £50,000 were awarded for interference with the confidential database, as quantification was difficult but the asset was valuable. Injunctions were granted to restrain further misuse of confidential information, as damages...

Citation
[2023] EWHC 2158 (KB)
Parties
Claimant: Celebrity Speakers Limited; Defendant: David Daniel; Defendant: Andrew Leighton-Pope; Defendant: D&A Associates Limited
Jurisdiction
England and Wales
Judgment Date
25 August 2023
Procedural Posture
Civil Breach of Contract/confidential Information/restrictive Covenants / Remedies Hearing Following Judgment on Liability After Defence Struck Out
Outcome
Judgment for the claimant on remedies; injunctions granted; damages and interest awarded; provision for additional court fee; costs to be determined.
Legal Topics
Breach of Contract, Restrictive Covenants, Confidential Information, Fiduciary Duties, Conspiracy, Damages Assessment, Injunctions, Negotiating Damages, Interest on Damages
Contract Law Tort Law Employment Law Equity Breach of Contract Restrictive Covenants Confidential Information Fiduciary Duties +5 more

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Parties

Celebrity Speakers Limited

Claimant

David Daniel

Defendant

Andrew Leighton-Pope

Defendant

D&A Associates Limited

Defendant

Procedural Posture

Civil Breach of Contract/confidential Information/restrictive Covenants / Remedies Hearing Following Judgment on Liability After Defence Struck Out

Legal Issues

  1. 1 On what factual basis should remedies be determined after the defence is struck out and judgment entered for claimant?
  2. 2 Is the claimant limited to the amount claimed on the claim form?
  3. 3 Did Mr Daniel have contact with Mr Dickinson as a 'Restricted Client' in the relevant period?

Ratio Decidendi

The court held that, following the striking out of the defence and judgment on liability, the claimant was entitled to remedies based on the pleaded case, but causation and quantum of loss for each head remained to be proved. The evidence established that the defendants' breaches caused the loss of Mr Dickinson's bookings, justifying damages of £160,383 for lost commission. The claim for other lost business was rejected for insufficient evidence. Negotiating damages of £50,000 were awarded for interference with the confidential database, as quantification was difficult but the asset was valuable. Injunctions were granted to restrain further misuse of confidential information, as damages...

Court Disposition

Judgment for the claimant on remedies; injunctions granted; damages and interest awarded; provision for additional court fee; costs to be determined.

Orders

  • Defendants restrained from copying, disclosing, or using CSL's confidential information or database; required to deliver up all copies in their control.
  • Damages awarded: £160,383 for lost commission (tort), £50,000 negotiating damages for database interference.