by David Cooper
“In conclusion, I shall order that Mr Avery and Wave are jointly and severally liable to pay Ripple damages equivalent to the fees that Ripple would have earned for introducing Messrs Craven, Thompson, Davenport, Rider, Hillier and Nicholas, and Miss Russon. Those fees can be readily calculated here and now from material within the trial bundle relating to Ripple’s commission rates, and to the actual or notional salaries offered to the candidates when Wave successfully introduced them. In Mr Nicholas’ case, as he has not yet been successfully introduced, this shall be calculated by reference to the lowest salary to which he aspired. There shall be no discount for overheads not incurred, because it is fair and reasonable to infer that Ripple’s day to day overheads would all have been incurred in any event.
“I shall further order that Mr Avery shall be subjected to an immediate injunction to preclude him from committing any breach of clause twenty one of his contract of employment with Ripple for the remainder of the period of restraint. I have already had sight of Miss Modaresi’s draft order to this effect, and it ought to be relatively straightforward for both Counsel to agree the calculation of damages by reference to the guidelines I have just given. The damages shall be payable within twenty eight days.
“I must mention one last matter. In explaining his state of obvious discomfort yesterday, Mr Craven said that he had seen some personally offensive emails that had been circulated within his workplace. Copies of those emails were inadvertently appended to the version of the statement that he said he actually signed, when my clerk copied that statement for all concerned yesterday. Having taken note of what those emails said, I have little doubt too that they may be of wider interest to relevant authorities outside this court, particularly as the three correspondents were all partners in BLH Solicitors. For my own part, having noted the passing reference within those emails to this trial and indeed to me, I shall simply state that a contrite apology to the presiding judge for the Midlands and Oxford Circuit may go some way towards mitigating the consequences.”
Having concluded, Judge Banks passed two copies of the judgment to her clerk, who handed them to each of the two barristers in turn. As Lennie’s fingers flew over his calculator, Soraya stood up.
“Your Honour, I shall liaise with my learned friend to finalise the formal order as you have asked. I have two matters to raise in consequence of the judgment.”
“Please do so.”
“The first is that the claimant made a proposal under Part 36, on the twenty first of May, to accept twenty thousand pounds and a suitable undertaking for the balance of the period of restraint. The financial element of the proposal she made has turned out to be some way beneath the damages award that you have just made, notably because Mr Hillier and Miss Russon were high earners whose introductions would have earned Ripple significant commission. In the circumstances, I submit that it would be appropriate to allow interest at four per cent over standard court rates upon the damages award, with effect from the last date upon which the defendants could have brought this dispute to an end by accepting the claimant’s proposal.”
Lennie caught Soraya’s attention and showed her the damages figure displayed on his calculator, which was almost twice as high as the sum that Karen would have accepted four weeks earlier.
“That seems reasonable.” Judge Banks replied. “Any objection, Mr Collins? Presumably you have no Part 36 matters to invoke?”
“No, Your Honour, and I cannot realistically oppose my learned friend’s proposal.”
The judge made a note. Soraya turned to what she knew would be a more controversial submission.
“Your Honour, with regard to costs, it must follow that the claimant is entitled to its costs of the action, to be assessed by the court if not agreed. I would observe in passing that the statement of costs submitted to the court by my instructing solicitors, on the last working day before the trial, is within the costs budget. It also embraces the reserved costs from the first hearing. As such, the overall costs might conveniently be assessed and awarded now. But that is only an ancillary matter. I would like to invite you to consider an order under Part 44, Rule 11 and the associated Practice Direction.”
Lennie realised what Soraya had in mind straight away. Noting Karen’s look of confusion, he jerked his thumb in the direction of Collins and the unfamiliar solicitor sitting behind him, and whispered ‘blood on the floor’. Karen looked up in renewed interest as Soraya continued.
“Your Honour, the power to award costs against a party’s legal representatives is exceptional. It has to be exercised very sparingly indeed, in situations where there has plainly been unreasonable or improper conduct on their part, calculated or likely to prevent or inhibit the court from furthering the overriding objective of the rules. I would submit that this is one of those exceptional cases. The conclusions that you have drawn from what emerged in the course of Mr Craven’s evidence, in marked contrast with the story that Mr Squire would have had this court believe, are stark. They are rendered all the more stark when we take into account the fact that Mr Wagstaff of BLH Solicitors not only conducted the action and briefed my learned friend, but also played a part in interviewing Mr Craven. The legal test, in my submission, is plainly satisfied. And if I am not pushing my luck too far, I would like to raise another relevant issue.”
“Please do so.” Judge Banks replied. Soraya looked in Collins’ direction and sensed that her opponent had little stomach for a challenge.
“The defendants may not have the means to pay the costs in full, or indeed the damages. Their insurers may ultimately be liable to indemnify them for the costs, but insurers are notorious for dragging these matters out. It would be materially unjust for Miss Rutherford to be subjected to this, or to be left to embark upon a prolonged battle for compensation through other channels when this might only involve good money being thrown after bad. An immediate award of the costs of this action against BLH Solicitors would spare her the risk of this further injustice. I might push my luck even more, and suggest that if the costs of this action were so awarded and paid, this would be likely to mitigate the professional consequences of the firm’s misconduct.”
Soraya sat down, her work done. Collins found himself in no man’s land, torn between loyalty to Wagstaff and frustration at the predicament in which Wagstaff had landed him, but Judge Banks spared him.
“Mr Collins, I am sympathetic in principle to what I have just heard, but I am mindful of the need for your instructing solicitors to be allowed a fair and reasonable period of time to respond to this application on their own account. They may of course wish to be separately represented. Clearly you cannot be expected to take substantive instructions from a junior solicitor here and now.”
Behind Collins, Seb Finnie reeled from the unwitting insult to his status, which Collins compounded by making no move to correct the error. Finnie was at least thankful for not being forced to admit that following the conference at BLH’s office on the previous evening, Wagstaff had virtually browbeaten him into attending the handing down of the judgment in his place. At that very moment, Wagstaff was in London on a pretext, and Squire was on the way to his second home in Devon to overcome a professed outbreak of stress and anxiety, both of them strategically far away from the scene of the previous afternoon’s fallout.
“I will therefore have the application relisted before me on the first open date after seven days.” Judge Banks continued. “I will award the claimant its costs of the action now, jointly and severally against the two defendants and payable within twenty eight days. Those costs shall include the reserved costs from the first hearing. I will formally assess those costs in the sum that appears on the statement of costs submitted immediately before the trial.”
Lennie showed Karen the statement of costs. It was plain to see that even though the damages that she had been awarded minutes earlier were higher than she could ever have expected, the costs award in her favour exceeded them.
“Right, Miss Modaresi, Mr Colli
ns, I will leave you both to agree the appropriate form of order based upon Miss Modaresi’s current draft, and let my clerk have it once you have done so. Is there anything else?” Neither barrister spoke. “Very well. Good day to you both.”
In an instant Judge Banks was gone. Soraya and Collins went into a huddle to finalise the formal order, and Karen snapped out of the euphoria that had carried her through the morning’s events.
“Lennie, can I ask you a vitally important question?”
“What’s that?”
“Where’s the nearest pub? I’m suddenly in need of the biggest glass of Chardonnay I can get my hands on.” Karen was by now almost ecstatic with pleasure, and was completely unaware of the fact that Avery and his entourage had all quickly moved for the exit, leaving Collins behind. For his own part, Ritchie had been wrong footed at the speed of their departure, and hovered behind Lennie and Karen, waiting for a suitable moment to speak up.
“The Square Peg. Right next door. I’ll tell Soraya.” Lennie moved off and Ritchie took his chance.
“Can I quote you on that? ‘The biggest glass of Chardonnay…’”
As Ritchie made a theatrical move with his pen and notebook, Karen laughed out loud.
“Bring it on! No, seriously, how about how delighted and relieved I am to have been… to have been vindicated in what I did to stop my life’s work from being stolen by…let me think now, by someone who betrayed all the trust I placed in him and thought he could get away with lying in court, just like…No, that will do. Can I ask you for a massive favour as well?”
“What’s that?” Ritchie replied.
“Please don’t print anything about the affair. I’ve just managed to get my revenge on Squire for raking all that up again and lying in court on Wayne’s behalf. Please let me savour it…”
“Don’t worry about that, Karen. I realised straight away that you were the good guy. Right from the moment Squire started pontificating. I’ve got enough material from this judgment and from what that Craven bloke said yesterday to come up with a real cracker of a report.”
“That’s really kind.” Karen fished in her handbag and pulled out a brown envelope. “Here’s something for you. But you didn’t get it from me, did you?”
Ritchie’s jaw dropped.
“Bloody hell. If that’s what I think it is…I’ve been busting a gut over what freaked Craven out so much…”
Karen tapped her nose.
“Need to know?”
“Cheers, Karen.” Ritchie took the envelope gratefully and left. By now Lennie had packed his bags, and motioned towards the door.
“Come on, let’s go. Soraya’s going to catch us up once she’s finished sorting the order out. Ever heard of Hendricks and Fever Tree? That’s what she’ll have, if they’ve got it.”
“Some kind of special gin & tonic. She obviously knows what she likes. Right, I’m going to call Dawn and Neeta down here too.”
Karen fished for her phone and was through by the time the lift had reached the ground floor.
“Hi, Dawn. We’ve just taken Wayne to the cleaners. Big time. Shut the office down right now and get yourself over to the Square Peg, next door to the law courts. You and Neeta. It’s time to celebrate!”
“Christ, Karen, I’m so happy for you. Listen, I’ve got to tell you something. You wouldn’t believe what I came across in the office a couple of hours ago…”
“Sorry, Dawn, the phone’s breaking up. Just get down here and tell me then.”
Without warning, Karen’s phone lost its signal. Untroubled, she dropped it back into her handbag and walked through the pub door that Lennie was holding open for her. Lennie quickly escorted her to the bar and put his bags down as he caught the attention of a passing barman.
“Right, I’ll have a pint of whatever that guest ale is, and did you say you wanted a Chardonnay?”
“Dead right, make it a large glass…oh sod it, just get me the bottle, I can feel a big session coming on. This one’s on me.”
Karen and Lennie had only just taken their seats when Soraya caught up with them.
“Well, I’ll never be able to have a civilised conversation with Grant Collins again.” She sat down and mixed her tonic with the gin. “Hendricks?”
“Exactly.” Karen replied. “That’s a double for starters. Saves time. So what’s happened?”
“All the time we were calculating the figures for the order, he was going on and on about how none of this would have happened if he’d been briefed for the two previous hearings. The security for costs and the specific disclosure. And if he’d had more input in the witness statements. Making out you’d have been lucky to get out with more than a few grand. Not a word of apology for the way he and Thompson spoke to me first thing yesterday morning. I just let it all wash over me. Then as soon as we’ve squared things with the judge’s clerk, and we’re all finished, he comes out with ‘you were a good opponent’. Exactly like that.”
Soraya recounted Collins’ closing remark in an exaggerated posh accent and patronising tone. Karen almost spilled her wine as Lennie burst out laughing.
“Arrogant jerk.” Karen put her glass down. “I hope you told him that.”
“Not quite.” Soraya replied, pausing for effect. “I just shot straight back from the hip. I said ‘you were a good loser’. I can still picture his jaw hitting the floor. Of course I was lying through my teeth…”
“That’s the art of the advocate, Karen.” Lennie only needed one sip of beer to recover, as Karen doubled up in mirth. “Lightning fast on their feet!”
Twenty minutes later, Dawn arrived, carrying a folder of papers. She reacted in mock dismay to the half empty wine bottle and the full one waiting next to it.
“Bloody hell, Karen, I didn’t tell you to do my drinking for me!”
Karen stood up and threw her arms round Dawn, before gesturing to the empty glass beside the two bottles.
“That one’s got your name on it. I’ve assumed Neeta’s on the Kingfisher?”
“I guess so.” Dawn freed herself and sat down. “She’ll be here as soon as she’s finished her interview. Right, are you ready for a real revelation?”
“Go on. I’m sure I can cope with anything right now.”
“You might have to think again. I’ve found Wayne’s missing tape.”
Dawn realised she had a spellbound audience. She tapped on the folder that she had just put down on the table next to the wine bottles.
“You remember when Wayne fled the firm on that Monday morning? A few moments of peace and quiet, then all that crashing and banging from his office? The way he went ranting on about how he’d lost one of his tapes?”
Karen nodded.
“OK, this morning I hadn’t anything better to do, so I decided to give Wayne’s old office a good clean, top to bottom, and clear out all the junk that should have gone weeks ago. One of his desk drawers wasn’t closing properly. He was obviously in such a rage at the time that he never noticed. I pulled the drawer out and felt behind it. That’s where I found the sealed envelope, with RS written on it. Didn’t take me long to find out that RS stood for Rufus Squire.”
“Squire?” Karen’s mind raced. “Why on earth would Wayne be taping conversations with him, when they’ve been in and out of each other’s pockets all this time?”
“Take a look at Wayne’s transcript and you’ll soon find out. I’ve done four copies. Fancy leaving that in the envelope right next to the tape.”
“He did a transcript? You’re joking…”
“I’m serious. Take a look at this.” Dawn opened the folder and passed copies to Karen, Soraya and Lennie.
* * * * *
Lunch with Rufus Squire on Tuesday 12th March: All The Juiciest Bits
Me: So I gather you’ve still got a vacancy. Someone in my line of business can’t be doing his job right.
Him: I wouldn’t say that. Never expected to be turned down twice in ten days, though. Must be something personal. Tried to get s
omeone to move across from Lewis Hackett, ahead of our merger, but she decided to leave instead. Bloody women.
Me: Any use having a fresh pair of eyes look at your job spec?
Him: Maybe, maybe not. If only there was some foolproof way of planting a subliminal message. Men Only welcome at Bastards.
Me: How come?
Him: Well, the only reason I’ve got this bloody vacancy in the first place is the curse of maternity leave. Twice. If it was up to me, I’d have the bitches all spayed before they set foot in the door.
Me: That sounds a bit over the top. Can’t you just pay them less?
Him: Funny you should say that. Some departmental rules have to be unwritten. That’s why we’ll probably be such a good fit with Lewis Hackett when we get this merger nailed down. A good, solid, traditional firm in every sense. Christ knows what we’d do if we ever got raided by the SRA.
Me: Don’t you have any women partners?
Him: Only one. Dear old Auntie Ruth, in our property department. Queer as they come. There’s another at LH, Clarissa something. Credit where credit’s due, they say she’s quite a rainmaker. All from waving her knickers in the air, mind you, so that’s a big plus point.
