||All England Reporter
|| All ER (D) 47 (Oct)
Leslie Kosmin QC sitting as a deputy judge of the High Court
||Robert Hunter of Allen & Overy for the claimant.
||Andrew Clutterbuck (instructed by Walker Morris) for the defendant.
||4 October 2002
Employment - Duty of servant - Fidelity - Fraudulent misconduct - Defendant employees acting with intention of making secret profits from claimant employer - Application for summary judgment - Application for defence to be struck out - Whether defendants having no real prospect of defending claim of dishonesty and fraudulent breach of trust - CPR Pt 24, 3.4(1).
On an application by the claimant employer for, inter alia, summary judgment against the defendants for fraudulent misconduct and breach of their fiduciary duties as its employees, the court ruled that, on the evidence, it was not possible to conclude that the defendants had no real prospect of successfully defending the claims made against them and accordingly dismissed the application.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary