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Mr Frisby, who created the womenswear brand in 2013, has appeared in the High Court to address allegations that he stole the name and concept of the online fashion platform from claimant Paul Clements.
Clements alleged in a claim launched in 2021 that he conceived the original idea for the company in 2013 and engaged Frisby to assist with developing In The Style shortly after. The business floated in 2021 and Clements asserted that Mr Frisby should account to him for what was realised upon the floatation; and put that figure at £125M.
The TLT commercial dispute resolution team, led by partner Julien Luke with support from associates Louise Humphrey and Ciara Crosbie, acted for Mr Frisby. The basis of the claim against Mr Frisby included allegations of unlawful misuse of confidential information, breach of confidence, breach of fiduciary duty; and breach of equitable and contractual obligations. Following a five-day trial in the High Court, in Manchester, the court dismissed all of Clements’ claims as set out in a written judgment made public today (16 February). In dismissing the proceedings, the Judge found that Clements played no part in the idea or development of In The Style.
TLT identified disclosure of documents as being absolutely critical in order to deal with problems arising from witnesses potentially having difficulty recollecting key facts and events which were in dispute in the proceedings and which took place as long ago as 2013.
A thorough and detailed Extended Disclosure exercise was carried out by the TLT team to locate and produce documents and information which ultimately went to prove Clements did not play any part in developing the business.
TLT instructed leading counsel, Giles Maynard-Connor KC and junior, Stephen Connolly, of Exchange Chambers, Manchester.
Julien Luke, partner at TLT commented: “I am delighted with the judgment and this victory for Adam. His is a real success story; having started the business of In The Style in his bedroom and then working tirelessly to develop and grow it such that the business floated in 2021. The judgment vindicates Adam and his stance that he would not be intimidated into making payment in the face of this false claim. I am proud to have led the TLT team in order to achieve this fantastic result for our client.”
The full judgment can be viewed here: https://caselaw.nationalarchives.gov.uk/ewhc/ch/2023/320
16 February 2023
News 17 JUNE 2022