Source: All England Reporter
Publisher Citation: [2002] All ER (D) 47 (Oct)
Court: Chancery Division

Leslie Kosmin QC sitting as a deputy judge of the High Court

Representation Robert Hunter of Allen & Overy for the claimant.
  Andrew Clutterbuck (instructed by Walker Morris) for the defendant.
Judgment Dates: 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).

The Case

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.

Practice Areas

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