TCP Europe Ltd v Perry & Ors

TCP Europe Ltd v Perry & Ors

TCP failed to prove loss resulting from breaches of contract and fiduciary duty by Perry, Beckett, and Fagliarone; only nominal damages and limited account of profits are awarded. Claims against other defendants struck out for lack of evidence of knowledge or participation.

Parties
Claimant: TCP Europe Limited; Defendant: Tony Perry; Defendant: Andrew Beckett; Defendant: Robert Fagliarone; Defendant: Lisa Beckett; Defendant: Janet Perry; Defendant: Lisa Eveleigh; Defendant: Midton Acrylics Limited; Defendant: Brian Johnston; Defendant: Jamy Limited; Defendant: NickNames Limited; Defendant: Peter Burt; Defendant: Nicholas Burt; Defendant: Keith Allen
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Civil / Final Judgment
Outcome
Claims against Perry, Beckett, and Fagliarone succeed only in part; claims against other defendants struck out or dismissed; nominal damages and limited account of profits awarded.
Legal Topics
Breach of Contract, Fiduciary Duties, Conspiracy, Account of Profits, Inducing Breach of Contract, Dishonest Assistance
Employment Law Contract Law Equity Tort Breach of Contract Fiduciary Duties Conspiracy Account of Profits +2 more

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Parties

TCP Europe Limited

Claimant

Tony Perry

Defendant

Andrew Beckett

Defendant

Robert Fagliarone

Defendant

Lisa Beckett

Defendant

Janet Perry

Defendant

Lisa Eveleigh

Defendant

Midton Acrylics Limited

Defendant

Brian Johnston

Defendant

Jamy Limited

Defendant

NickNames Limited

Defendant

Peter Burt

Defendant

Nicholas Burt

Defendant

Keith Allen

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether defendants breached contractual and fiduciary duties owed to TCP
  2. 2 Whether defendants conspired to divert business from TCP
  3. 3 Whether defendants are liable for damages or account of profits

Ratio Decidendi

TCP failed to prove loss resulting from breaches of contract and fiduciary duty by Perry, Beckett, and Fagliarone; only nominal damages and limited account of profits are awarded. Claims against other defendants struck out for lack of evidence of knowledge or participation.

Court Disposition

Claims against Perry, Beckett, and Fagliarone succeed only in part; claims against other defendants struck out or dismissed; nominal damages and limited account of profits awarded.

Orders

  • Nominal damages of £2 awarded against Perry, Beckett, and Fagliarone for breach of contract.
  • Account of profits to be taken against Beckett and Fagliarone for specified transactions (maximum £7,833).