PSN Recruitments Ltd (t/a Cosmopolitan Recruitment) v Ludley & Anor [2023] EWHC 3153 (IPEC) (08 December 2023)

PSN Recruitments Ltd (t/a Cosmopolitan Recruitment) v Ludley & Anor [2023] EWHC 3153 (IPEC) (08 December 2023)

The defendants' deliberate misrepresentation and misuse of confidential client information caused confusion and diversion of business from the claimant, resulting in loss of profit and damage to reputation. The claimant's client list constituted confidential information, protected both contractually and in equity. The claimant is entitled to damages for passing off, breach of confidence, and wasted management time.

Citation
[2023] EWHC 3153 (IPEC)
Parties
Claimant: PSN Recruitments Limited (t/a Cosmopolitan Recruitment); Defendant: Graeme Ludley; Defendant: Greenscape Specialist Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2023
Procedural Posture
Intellectual Property / First Trial on Liability and Quantum
Outcome
Judgment for the claimant
Legal Topics
Passing Off, Breach of Confidence, Damages, Confidential Information, Goodwill
Intellectual Property Employment Law Tort Law Passing Off Breach of Confidence Damages Confidential Information Goodwill

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Parties

PSN Recruitments Limited (t/a Cosmopolitan Recruitment)

Claimant

Graeme Ludley

Defendant

Greenscape Specialist Recruitment Limited

Defendant

Procedural Posture

Intellectual Property / First Trial on Liability and Quantum

Legal Issues

  1. 1 Whether the defendants are liable for passing off and breach of confidence
  2. 2 Whether the claimant suffered loss and damage from passing off
  3. 3 Whether the defendants misused confidential information

Ratio Decidendi

The defendants' deliberate misrepresentation and misuse of confidential client information caused confusion and diversion of business from the claimant, resulting in loss of profit and damage to reputation. The claimant's client list constituted confidential information, protected both contractually and in equity. The claimant is entitled to damages for passing off, breach of confidence, and wasted management time.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to pay damages for loss of profit (£38,079.93), damage to reputation (£20,000), and wasted management time (£1,499.99)
  • Defendants found liable for passing off and breach of confidence