PSN Recruitments Limited v Graeme Ludley & Anor

PSN Recruitments Limited v Graeme Ludley & Anor

The defendants are liable for passing off and breach of confidence. The claimant's client list constituted confidential information and a trade secret. The 27 June Email was a deliberate misrepresentation intended to divert business, causing actual loss of profit and damage to reputation. Damages are awarded based on a top-down approach to lost profit, plus compensation for reputational harm and wasted management time.

Parties
Claimant: PSN Recruitments Limited (t/a Cosmopolitan Recruitment); Defendant: Graeme Ludley; Defendant: Greenscape Specialist Recruitment Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Judgment After Trial
Outcome
judgment for the claimant
Legal Topics
Passing Off, Breach of Confidence, Confidential Information, Damages, Recruitment Sector, Employee Competition
Intellectual Property Employment Law Tort Law Passing Off Breach of Confidence Confidential Information Damages Recruitment Sector +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

PSN Recruitments Limited (t/a Cosmopolitan Recruitment)

Claimant

Graeme Ludley

Defendant

Greenscape Specialist Recruitment Limited

Defendant

Procedural Posture

Civil / Judgment After Trial

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 as a result of the defendants' actions
  3. 3 How damages should be quantified for passing off and breach of confidence

Ratio Decidendi

The defendants are liable for passing off and breach of confidence. The claimant's client list constituted confidential information and a trade secret. The 27 June Email was a deliberate misrepresentation intended to divert business, causing actual loss of profit and damage to reputation. Damages are awarded based on a top-down approach to lost profit, plus compensation for reputational harm 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)
  • Declaration of liability for breach of confidence