No5 Chambers barrister Russell Bailey recovers costs for wronged employer

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Russell Bailey recovers substantial damages and costs for employer in the Birmingham Mercantile Court - .PDF file.

Excelerate Technology Ltd 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 Cumberbatch set up Red Foot Technologies as a competitive business with his friend David Osmond, fostering the pretence that Osmond was the real promoter of the new business.

Rejecting in their entirety the defendants’ fictitious explanations 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.