Harman v Burge

Harman v Burge

The court found that Mr Harman suffered loss due to the disruption of the website caused by Mr Burge, but the evidence for long-term loss was insufficient. Damages were awarded based on revised, conservative estimates for lost profits and mitigation costs, with discounts applied for lack of evidence on the duration of harm.

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 for Passing Off and Unlawful Interference) / Final Judgment on Damages
Outcome
Judgment for the claimant on damages inquiry.
Legal Topics
Passing Off, Unlawful Interference With Trade, Damages Assessment
Intellectual Property Tort Passing Off Unlawful Interference With Trade Damages Assessment

Case Brief

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Parties

Colin Lindridge Harman

Claimant

Henry John Burge

Defendant

Procedural Posture

Inquiry as to Damages (following Judgment for Passing Off and Unlawful Interference) / Final Judgment on Damages

Legal Issues

  1. 1 Assessment of damages for passing off and unlawful interference
  2. 2 Causation and quantification of loss due to website disruption

Ratio Decidendi

The court found that Mr Harman suffered loss due to the disruption of the website caused by Mr Burge, but the evidence for long-term loss was insufficient. Damages were awarded based on revised, conservative estimates for lost profits and mitigation costs, with discounts applied for lack of evidence on the duration of harm.

Court Disposition

Judgment for the claimant on damages inquiry.

Orders

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