Charles Claire Llp & Anor v Kevin Harold Woolgar

Charles Claire Llp & Anor v Kevin Harold Woolgar

The defendant knowingly manipulated invoice prices to include secret commissions, breaching contractual, fiduciary, and tortious duties owed to the claimants. The claimants are entitled to damages for deceit, breach of trust, and breach of contract, including compensation for secret commissions and consequential losses. The defendant is entitled to unpaid consultancy fees and certain product invoice payments, as well as royalties for Ai clubs supplied by him. The claimants' claims for ownership or invalidation of the Ai trade mark fail as the mark was developed independently and not in bad faith.

Parties
Claimant: CHARLES CLAIRE LLP; Claimant: LYNX GOLF LIMITED; Defendant: KEVIN HAROLD WOOLGAR
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Civil / Final Judgment
Outcome
Claimants succeed in claims for deceit, breach of trust, breach of contract, and negligence; defendant succeeds in counterclaim for unpaid consultancy fees, certain product invoice payments, and Ai club royalties; claimants' claims for trade mark ownership or invalidation fail.
Legal Topics
Deceit, Secret Commission, Breach of Contract, Agency, Breach of Trust, Negligence, Trade Mark Ownership, Bad Faith Registration
Commercial Law Contract Law Tort Law Intellectual Property Trusts Deceit Secret Commission Breach of Contract +5 more

Case Brief

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Parties

CHARLES CLAIRE LLP

Claimant

LYNX GOLF LIMITED

Claimant

KEVIN HAROLD WOOLGAR

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendant took secret commissions in breach of contract and fiduciary duty
  2. 2 Whether the defendant breached an implied contract post-dissolution of consultancy agreement
  3. 3 Whether the defendant owed and breached a duty of care in tort

Ratio Decidendi

The defendant knowingly manipulated invoice prices to include secret commissions, breaching contractual, fiduciary, and tortious duties owed to the claimants. The claimants are entitled to damages for deceit, breach of trust, and breach of contract, including compensation for secret commissions and consequential losses. The defendant is entitled to unpaid consultancy fees and certain product invoice payments, as well as royalties for Ai clubs supplied by him. The claimants' claims for ownership or invalidation of the Ai trade mark fail as the mark was developed independently and not in bad faith.

Court Disposition

Claimants succeed in claims for deceit, breach of trust, breach of contract, and negligence; defendant succeeds in counterclaim for unpaid consultancy fees, certain product invoice payments, and Ai club royalties; claimants' claims for trade mark ownership or invalidation fail.

Orders

  • Damages awarded to claimants for secret commissions (25% of USD 8,685,375.79 and GBP 30,026.10)
  • Equitable compensation for breach of trust