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Appeal against finding of breach of fiduciary duty succeeds in the High Court
Steve Morris of JMW’s Commercial Litigation team has helped to secure a successful appeal, setting aside the judgment against his client and substituting it for a judgment dismissing SPIE’s claims with costs.
JMW recently obtained a fantastic reversal for a client, Paul Garside, in an appeal to the High Court. JMW took over conduct of the case from Mr Garside’s previous solicitors in July 2020. Judgment had been entered against Mr Garside in 2019 on the basis of a finding of breach of fiduciary duty by him in respect of his conduct post-sale of his business to SPIE Limited in 2012. The consequences of this judgment, including the adverse costs ordered, had an adverse financial impact on Mr Garside of £1million.
Using David Cavender QC and JMW, Mr Garside successfully overturned the judgment against Mr Garside and the Judge, Mr Justice Andrew Baker, found that Mr Garside had conducted himself correctly in the disclosures of information he had made and there was no breach of fiduciary (or any) duty by Mr Garside.
The result of this outcome has also reversed the financial impact referred to above, and Mr Garside has been awarded his legal costs against SPIE Limited, which are now being pursued.
Commenting on the decision, Mr Garside said: “I am delighted with the result that JMW and David have achieved for me. After five and a half years of totally unfounded allegations, I am very grateful to my legal team for their determination and professionalism. Being one man against a multi-billion pound corporation and their international lawyers, with JMW’s Steve Morris and David Cavender QC’s knowledge and expertise, we have finally corrected this injustice. I am extremely grateful to them”.
If you need help with commercial litigation or a business dispute, call JMW Solicitors on 0345 872 6666 to get the advice you need. You can also fill in our online contact form to request a call back at your convenience.
Partner and Head of Department
Commercial Litigation/Corporate Recovery and Insolvency