Dairy in appeal over case with rival

A Wolverhampton dairy found to have paid a sacked milkman from a rival firm £40,000 to steal confidential documents from his former bosses will take their fight against the decision to the High Court next week.

Johal Dairies was found to have used the unlawful tactics to undercut rival firm JN Dairies during a High Court civil case revealed by the Express & Star.

As part of the campaign, bosses from Johal, based in Cannock Road, were also found to have offered up the three months' free milk to JN Dairies' clients in a bid to pinch their business.

But bosses insisted they were not guilty of any wrongdoing, and will now apply to appeal the decision at the High Court in Birmingham on Monday in a bid to get the verdict overturned.

If the application fails, the company says it will go straight to the Court of Appeal in London to continue their battle.

Johal is fighting the decision made following a trial at Birmingham's Civil Justice Centre, which had heard how illegal immigrant and delivery driver Gurbir Singh was dismissed by JN Dairies on November 8 because he could not supply papers to prove his legal status in the UK.

Two days later he sneaked into the firm's Millfields Road distribution centre and stole all the delivery invoices, which detailed the amounts of milk, bread and other items, and crucially the prices, it was supplying its customers.

He then passed the files to Surbjit Johal, also known as Jitty Johal, a director of Johal Dairies, as part of a pre-arranged plan.

Johal denied the accusations but customers testified that they had been offered cheap or free milk by the firm.

At a hearing, Judge David Cooke rejected Johal's evidence as "highly unconvincing" and "implausible" and found against the company and Singh.

Johal Dairies is currently facing a legal bill estimated at £1 million following the verdict.

But the firm's solicitor Marie-Louise King has said the company was "extremely shocked and disappointed" by the judgement and maintained its denial of any wrongdoing.

She said the dairy was determined to fight to the bitter end and would not give up if thwarted next week.

"If refused permission to appeal, the dairy will apply directly to the Court of Appeal," she said.

If given the go ahead, an outcome is expected to take several months, with a decision not forthcoming possibly until next year, added Miss King.