Harman v Burge [2014] EWHC 2836 (IPEC) (29 July 2014)

Harman v Burge [2014] EWHC 2836 (IPEC) (29 July 2014)

The claimant is entitled to damages for lost profits and mitigation costs directly caused by the defendant's wrongful disruption of the business website, but only for the period and quantum supported by evidence. Losses are limited to the year following the disruption, with discounts for lack of evidence of...

Source-derived case information.

Citation
[2014] EWHC 2836 (IPEC)
Parties
Claimant: Colin Lindridge Harman; Defendant: Henry John Burge
Jurisdiction
England and Wales
Judgment Date
29 July 2014
Procedural Posture
Inquiry as to Damages Following Judgment on Admissions (passing Off and Unlawful Interference) / Final Judgment on Quantum of Damages
Outcome
Damages awarded to claimant
Legal Topics
Passing Off, Unlawful Interference With Trade, Damages Assessment, Website Disruption, Mitigation of Loss
Intellectual Property Tort Passing Off Unlawful Interference With Trade Damages Assessment Website Disruption Mitigation of Loss

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Parties

Colin Lindridge Harman

Claimant

Henry John Burge

Defendant

Procedural Posture

Inquiry as to Damages Following Judgment on Admissions (passing Off and Unlawful Interference) / Final Judgment on Quantum of Damages

Legal Issues

  1. 1 What is the appropriate measure of damages for passing off and unlawful interference with trade via website disruption?
  2. 2 What period and quantum of loss can be attributed to the defendant's conduct?
  3. 3 Are mitigation and consequential losses recoverable in the circumstances?

Ratio Decidendi

The claimant is entitled to damages for lost profits and mitigation costs directly caused by the defendant's wrongful disruption of the business website, but only for the period and quantum supported by evidence. Losses are limited to the year following the disruption, with discounts for lack of evidence of longer-term harm and for factors unrelated to the defendant's conduct. Mitigation costs are recoverable where a legal liability to pay exists.

Court Disposition

Damages awarded to claimant

Orders

  • Defendant to pay claimant £39,701 in damages and interest