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KB-2023-003510 - [2025] EWHC 1755 (KB)
Fecha: 11-Jul-2025
The announcement that was made is in these terms
The announcement that was made is in these terms:
“Following a formal meeting of the board held yesterday (14 September 2017) the directors of the company have resolved that because of a loss of confidence in him by the senior executive team, Mr Mark Dowding’s contract of employment with the group has been terminated and he has ceased to be a director of the group and company secretary, all with immediate effect.”
That announcement goes on to say that Mr Shah is going to take over the responsibilities of Group Finance Director, and that the change did not reflect any circumstances relating to the trading of the group or its finances.
In my judgment, it is absolutely clear that the company was entitled to make such an announcement and, indeed, in the circumstances, was required to do so, including saying that Mr Dowding had been dismissed. That is what the AIM rules require. It seems to me quite unreal to suggest that a bald statement of dismissal is all that the company was entitled to notify under the AIM rules and also to suggest that using the language “loss of confidence” was in some way more harmful to Mr Dowding than a more detailed announcement that the company could have made in other terms, all of which would have been accurate, and in respect of which he, in my judgment, would have had no complaint, and would have caused him as much reputational harm and harm of all the other sorts that he complains about as this announcement did.
- Heading
- Introduction
- THE PARTIES
- THE EMPLOYMENT TRIBUNAL PROCEEDINGS
- THESE PROCEEDINGS
- Paragraph 11
- Paragraphs 34-35
- Paragraph 109
- Paragraph 137
- Paragraphs 206-208.”
- ENFORCEMENT PROCEEDINGS
- OTHER PROCEEDINGS
- THE UNLESS ORDER APPLICATION The applicable legal principles
- TCG’s submissions
- Mr Dowding’s case
- TCG’s riposte
- Discussion and conclusions
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- Then at paragraph 40, those grounds of appeal state
- For those reasons, I accept the Defendants’ submissions in relation to this third topic JUDGE SPEARMAN
- JUDGE SPEARMAN
- That is the Tribunal’s summary of Mr Dowding’s case in front of the Tribunal in relation to this topic
- At paragraph 132, the Tribunal move on to the second topic, the so-called NAV/EVO project
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- Paragraph 75 pleads that that request for a meeting was sent by email to both Mr Shah and the Claimant. Paragraph 76 pleads that on 2 August 2017, Mr Shah responded and copied the Claimant in, and tha
- The Tribunal rejected that evidence and concluded in paragraph 26
- Just briefly to complete the narrative of how these matters have unfolded, the Claimant then made an appeal against the rulings of the Tribunal, and in support of that appeal he made an application to
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- JUDGE SPEARMAN
- DAY 3 JUDGE SPEARMAN
- The announcement that was made is in these terms
- Turning to The Times publication, which the Tribunal expressly dealt with, this records (amongst other things) that
- The Tribunal judgment at paragraph 140 states “contrary to being false or misleading, it was reported that Mr Shah had provided a carefully weighted response, further that he had refused to divulge de
- For those reasons, the material paragraphs of the Particulars of Claim will be struck out JUDGE SPEARMAN
- The judge says at paragraph 122
- As I read that decision, and in accordance with my understanding of the law, it is not the case that a breach of section 172 gives rise to a right of action by a party injured by a breach of contract
- That is my ruling on the issue of the pleaded case against Mr Shah JUDGE SPEARMAN
- The list of factors set out in Ittihadieh v 5-11 Cheyne Gardens RTM Company Ltd & Ors [2017] EWCA Civ. 121 ( “Ittihadieh” ) which are to be taken into account when the Court is striking a balance betw
- First, Mr de Waal reminded me that in the Dawson-Damer v Taylor Wessing [2017] 1 WLR 3255, the Court of Appeal, in reversing the judge below, held, as summarised in the third paragraph of the headnote
- The other principle of law to which Mr de Waal helpfully took me is the often-cited summary of the principles applicable to applications for summary judgment contained in the judgment of Lewison J, as
- When he was addressing me about this personally at an earlier stage of this hearing, Mr Dowding argued that as the litigation related to him, there must be mention of his name in these documents, and
- The Defendants say in paragraph 90 of their skeleton argument that they have “three overarching submissions”. The first is that: “... there is no realistic prospect of the Court concluding that [The C
- The Defendants’ second overarching submission is that there is no realistic prospect of the court exercising its discretion to make an order pursuant to section 167 of the Data Protection Act 2018 on
- The next point is that this is really a quest for documents, and I agree with that The next point is that there is no real value to the data subject, and I agree with that
- Conclusions