High Court Defeat For Gateway Homes UK Ltd and Gateway Homes UK Nationwide Franchise Ltd

High Court Order from 23rd April 2014 by His Honour Judge Robert Owen QC dismissing claim 3BM90159 (previously HQ12X00803 in Royal Courts of Justice, London) made by Gateway Homes UK Ltd and Gateway Homes Nationwide Franchise Ltd against ex-franchisee Stuart Brown. A six day Civil Trial ended with His Honour Judge Robert Owen QC giving a near 6-hour judgement on the two cases spending over an hour towards the end criticising the “vexatious nature” of the litigation and conduct of the Claimants and the conduct of their solicitor Miss Emily Slater of Cohen Cramer Solicitors, Leeds

Download a PDF Sealed Version of Court Order here.

IN THE HIGH COURT OF JUSTICE                                  CLAIM NO: 3BM90158

QUEEN’S BENCH DIVISION BIRMINGHAM DISTRICT REGISTRY

BETWEEN:

(I) NICK STATMAN

(2) MALCOLM STATMAN

CLAIMANTS

-and-

MR STUART BROWN

DEFENDANT

IN THE HIGH COURT OF JUSTICE                                       CLAIM NO: 3BM90159

QUEEN’S BENCH DIVISION BIRMINGHAM DISTRICT REGISTRY

BETWEEN:

(I) GATEWAY HOMES NATIONWIDE FRANCHISE LIMITED

(2) GATEWAY HOMES UK LIMITED

CLAIMANTS

-and-

MR STUART BROWN

DEFENDANT

ORDER

Before His Honour Judge Robert Owen QC sitting as a Judge of the High Court

UPON hearing Counsel for the Claimants and the Defendant

IT IS ORDERED THAT:-

I. The Claimants’ claim for a permanent injunction and damages in relation to Claim Number 3BM90158 (harassment) is dismissed.

2. The Claimants’ claim for a permanent injunction in relation to Claim Number 3BM90159 (breach of confidence) is dismissed.

3. The Defendant shall file a witness statement with supporting documentation setting out with full and proper particularity, though concisely and succinctly, any alleged loss suffered which it is alleged is recoverable pursuant to the undertakings as to damages given by the claimants in each claim by no later than 4.00pm, 22 May 2014.

4. The Claimants shall file a statement in response, if any, with supporting documents (if any) by no later than 4.00pm, 19 June 20 14.

5. Following service of the Claimants’ statement the parties shall attempt to agree directions and by no later than 4.00pm 26 June 20 14 draft directions to timetable progress to a final disposal or hearing of the question of damages shall be filed at court. In the event that proposed directions are not agreed the parties’ proposed directions respectively shall be filed by the due date together with an agreed summary of the points of disagreement and a succinct explanation of each party’s position. The appropriate order for directions will then be considered on paper.

6. The Claimants’ do pay the Defendant’s costs of both actions on an indemnity basis with a set-off for the Claimants in relation to those outstanding Costs Orders which have been made in the claimant’s favour but which have not been paid by the Defendant. To that extent such previous costs orders are varied to postpone actual payment of the costs until the defendant’s costs have been agreed or assessed.

Dated 23 April 2014

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