Russell Bailey recovers substantial damages and costs for employer in the Birmingham Mercantile Court

Mon, 26 Jan 2015

Excelerate Technology Limited paid its former Technology Director, Lindsay Cumberbatch, £62,500 as consideration for agreeing to the extension of post termination restrictions at the time of his redundancy. In contravention of those restrictions Mr Cumberbatch set up Red Foot Technologies Limited as a competitive business in conjunction with his friend David Osmond fostering the pretence that Mr Osmond was the real promoter of the new business.

Rejecting in their entirety the Defendants fictitious explanations, His Honour Judge Simon Brown QC ordered that the Defendants were liable for the return of the £62,500 together with damages for breach of contract, breach of confidence and breach of fiduciary duty exceeding, in total, £150,000.

He awarded the Claimant indemnity costs and ordered that David Osmond be joined as a party for the purpose of costs and made him jointly and severally liable for the costs of the claim. 

The judge went on to make recommendations that the approved Precedent H costs budget be increased in relation to specific additional costs and made an order for interim costs for more than £150,000 being 90% of the costs budget, as anticipated to be increased.

The case is now reported on bailii

Observations on the costs orders can be found by clicking here.

Please click here to view Russell Bailey’s profile.

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