24/07/2025

Victory for leading golf brand in fraud claim

Following a two-week trial in May, Lynx Golf (one of the UK’s leading golf brands) has succeeded in its fraud claim against a former trusted representative. Sam Goodman and Charles Connor acted for Lynx, the successful claimants, in Charles Claire LLP & Anor v Kevin Harold Woolgar [2025] EWHC 1802 (Ch).

This week, the High Court handed down a judgment upholding Lynx’s claim that its former representative had been taking millions of dollars in secret commissions when Lynx purchased golf clubs and golf products from the Far East. Judgment was granted on the claimants’ claims in deceit, for breach of trust, for breach of contract, and in negligence.

Of note, the defendant contended that much of the evidence which would have allowed the secret commissions to be precisely quantified had been deleted (allegedly innocently). The court adopted a pragmatic approach to quantum, which involved (1) drawing adverse inferences as a result of the admitted deletion (which the court concluded had been deliberate), and then (2) applying an average percentage commission rate across all of the claimants’ purchases that the defendant had assisted with.

In doing so, the court made it clear that a defendant will not benefit from self-induced difficulties in quantifying a claim; instead, the court will adopt a broad-brush approach and do the best it can on the information available.

Sam Goodman and Charles Connor were instructed by Jonathan Tickner and Edward Irwin at Peters & Peters LLP.