Guy Carpenter & Company Ltd & Ors v Willis Ltd & Ors (Rev1) [2026] EWHC 361 (KB) (20 February 2026)

Guy Carpenter & Company Ltd & Ors v Willis Ltd & Ors (Rev1) [2026] EWHC 361 (KB) (20 February 2026)

The court found that Mr Summers and Mr Fletcher breached their duties by assisting Willis Re's recruitment of their teams and providing confidential information, and that Ms Clarke and Willis Re induced those breaches. However, the court held that the breaches did not materially affect the overall outcome, as the resignations would have occurred regardless. Injunctive relief was granted to restrain further recruitment and dealings with certain clients until 1 April 2027.

Citation
[2026] EWHC 361 (KB)
Parties
Claimant: Guy Carpenter & Company Limited; Claimant: Marsh Services Limited; Claimant: Marsh Limited; Claimant: Guy Carpenter Bermuda Ltd; Defendant: Willis Limited; Defendant: Willis Group Limited; Defendant: Martino UK Operating Company Limited (Willis Re UK Limited); Defendant: Martino Holdings Limited (Willis Re Holdings Limited); Defendant: Willis Re (Bermuda) Limited; Defendant: Ms Lucy Clarke; Defendant: Mr James Summers; Defendant: Mr John Fletcher
Jurisdiction
England and Wales
Judgment Date
20 February 2026
Procedural Posture
Civil / Post Trial Judgment on Liability and Injunctive Relief
Outcome
Injunctive relief granted; liability established for breaches of duty and inducement, but no finding of material causative loss at this stage. Claims for financial relief reserved.
Legal Topics
Team Poaching, Breach of Duty, Breach of Confidence, Conspiracy, Restrictive Covenants, Injunctive Relief
Employment Law Commercial Law Equity Team Poaching Breach of Duty Breach of Confidence Conspiracy Restrictive Covenants +1 more

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Parties

Guy Carpenter & Company Limited

Claimant

Marsh Services Limited

Claimant

Marsh Limited

Claimant

Guy Carpenter Bermuda Ltd

Claimant

Willis Limited

Defendant

Willis Group Limited

Defendant

Martino UK Operating Company Limited (Willis Re UK Limited)

Defendant

Martino Holdings Limited (Willis Re Holdings Limited)

Defendant

Willis Re (Bermuda) Limited

Defendant

Ms Lucy Clarke

Defendant

Mr James Summers

Defendant

Mr John Fletcher

Defendant

Procedural Posture

Civil / Post Trial Judgment on Liability and Injunctive Relief

Legal Issues

  1. 1 Whether the defendants engaged in unlawful team poaching from the claimants' business
  2. 2 Whether Mr Summers and Mr Fletcher breached their duties to the claimants
  3. 3 Whether Ms Clarke and Willis Re induced breaches of duty

Ratio Decidendi

The court found that Mr Summers and Mr Fletcher breached their duties by assisting Willis Re's recruitment of their teams and providing confidential information, and that Ms Clarke and Willis Re induced those breaches. However, the court held that the breaches did not materially affect the overall outcome, as the resignations would have occurred regardless. Injunctive relief was granted to restrain further recruitment and dealings with certain clients until 1 April 2027.

Court Disposition

Injunctive relief granted; liability established for breaches of duty and inducement, but no finding of material causative loss at this stage. Claims for financial relief reserved.

Orders

  • Defendants restrained from recruiting further employees from the claimants' Global Specialties teams in London and Bermuda until 1 April 2027.
  • Defendants restrained from dealing with specified clients until 1 April 2027.