What is the basis in law for recovering this compensation?
Customer theft/damage
It is a long established principle in common law (Judgments handed down by the Courts over hundreds of years). The principle was also reinforced by Parliament by the enactment of the Torts (Interference with Goods) Act 1977 (“the Act”).
Both the common law and the Act provide for a wronged party to recover damages where there has been a conversion of goods (ie a theft), a trespass to goods, or negligence resulting in damage or loss to goods.
In seeking to recover the cost of time and money spent by our client in anticipation of, or as a result of your wrongful actions, our client relies upon various cases: British Motor Trade Association vs. Salvadori [1949] CH 556, as approved and extended by the more recent decision of Mrs Justice Gloster, DBE in R & V Versicherung AG vs. Risk Insurance and Re-Insurance Solutions SA and others [2006] EWHC 42 (Comm). These cases have been upheld more recently, the most notably being Aerospace Publishing v Thames Water Authorities 2007 EWCA Civ 3.
These cases provide the authority for a Claimant to recover its losses, being the cost of the disruption to its business in the investigation, apprehension and administration costs caused as a direct result of a Defendant’s actions.
You are strongly advised to seek your own independent legal advice without delay. If you cannot afford legal advice you may be entitled to some free legal advice. A number of solicitors offer advice and assistance by way of public funding. A number of organizations such as the Citizens Advice Bureau and local Law Centres may also be able to offer you free advice. Alternatively, you may be covered for legal advice under an insurance policy.
Employee theft/damage
It is a long established principle in common law (Judgments handed down by the Courts over hundreds of years). The principle was also reinforced by Parliament by the enactment of the Torts (Interference with Goods) Act 1977 (“the Act”).
Both the common law and the Act provide for a wronged party to recover damages where there has been a conversion of goods (ie a theft), a trespass to goods, or negligence resulting in damage or loss to goods.
In seeking to recover the cost of time and money spent by our client in anticipation of, or as a result of your wrongful actions, our client relies upon various cases: British Motor Trade Association vs. Salvadori [1949] CH 556, as approved and extended by the more recent decision of Mrs Justice Gloster, DBE in R & V Versicherung AG vs. Risk Insurance and Re-Insurance Solutions SA and others [2006] EWHC 42 (Comm).
These cases have been upheld more recently, the most notably being Aerospace Publishing v Thames Water Authorities 2007 EWCA Civ 3.
These cases provide the authority for our client to recover its losses, being the cost of the disruption to its business in the investigation, apprehension and administration costs caused as a direct result of your actions.
You are strongly advised to seek your own independent legal advice without delay. If you cannot afford legal advice you may be entitled to some free legal advice. A number of solicitors offer advice and assistance by way of public funding. A number of organizations such as the Citizens Advice Bureau and local Law Centres may also be able to offer you free advice. Alternatively, you may be covered for legal advice under an insurance policy.
As an employee of our client, you also had contractual obligations. In stealing from your employer, you are in breach of contract and a claim may also lie in contract for damages, again for compensation to our client for the losses incurred as a direct result of your action.