Gallagher’s closing statements begin as legal dispute with Ardonagh goes on

The closing statements in the ongoing legal dispute between Gallagher and Ardonagh continued yesterday (9 May) at the Royal Courts of Justice in London.

The case relates to allegations of staff and client poaching, centering around four employees who left Gallagher-owned Alesco in 2017 and moved to Ardonagh-owned Bishopsgate - Nawaf Hasan, Peter Burton, Gerard Maginn and James Brewins.

The court heard closing statements for Burton, with defence lawyer Jane McCafferty QC addressing the loan that Ardonagh CEO David Ross had arranged for Burton while he was still employed by Alesco.

McCafferty argued in court that taking money from a competitor is not a breach of duty of fidelity.

She further stated that “the conspiracy case against Burton doesn’t work”, adding that he had been open about having been in discussions with Ross when he resigned from Alesco.

Claimants
In addition, Gavin Mansfield QC, lawyer for Gallagher, began outlining the claimants’ closing statements.

Mansfield argued that the team move was “unlawful competition dressed up to look like lawful competition”.

He denied accusations that Gallagher had tried to disrupt business at Bishopsgate by filing their papers the day before Christmas, adding that “the events had been developing over time and there had been correspondence with Hasan and Burton earlier in the autumn”.

Mansfield further stated that the defence’s argument that these employees would have moved jobs around the same time even if they had not been approached by Bishopsgate “should be met with a degree of skepticism”.

He argued that here is evidence that these employees were approached by others regularly and that “despite that happening over the years they hadn’t gone until the discussions with Bishopsgate”.

Business plans
In his closing statements Mansfield also referred to the allegations that Hasan had provided business plans containing confidential information to Bishopsgate, adding that this meant “Hasan is willing to breach his duties” and that his intention was to solicit Alesco’s clients.

The lawyer argued that this was misuse of confidential information which is “a component of the conspiracy”.

Addressing the loan arranged for Burton, he stated that taking it was a breach of fiduciary duty and loyalty.

The case continues.