Personal Management Solutions Ltd & Anor v Brake Bros. Ltd & Ors [2018] EWCA Civ 1635 (12 July 2018)

Personal Management Solutions Ltd & Anor v Brake Bros. Ltd & Ors [2018] EWCA Civ 1635 (12 July 2018)

The wide claim for damages based on loss of exclusivity was sufficiently pleaded from the outset and is not a new claim. The assessment of damages should not be artificially confined. The judge at first instance was correct to set aside the Master's decision and allow the wide claim to proceed to assessment. There is no abuse of process in permitting the claimants to pursue the wide claim at the damages stage.

Citation
[2018] EWCA Civ 1635
Parties
Claimant/respondent: Personal Management Solutions Limited; Claimant/respondent: Personal Group Benefits Limited; Defendant/appellant: Brake Bros. Limited; Defendant/appellant: Gee 7 Group Limited; Defendant/appellant: Gee 7 Wealth Management Limited; Defendant/appellant: Mark Eaton
Jurisdiction
England and Wales
Judgment Date
12 July 2018
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Misuse of Confidential Information, Pleadings, Case Management, Causation, Res Judicata
Civil Procedure Contract Law Confidential Information Assessment of Damages Misuse of Confidential Information Pleadings Case Management Causation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Personal Management Solutions Limited

Claimant/respondent

Personal Group Benefits Limited

Claimant/respondent

Brake Bros. Limited

Defendant/appellant

Gee 7 Group Limited

Defendant/appellant

Gee 7 Wealth Management Limited

Defendant/appellant

Mark Eaton

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the claimants can pursue a 'wide claim' for damages based on loss of exclusivity of contract, or are confined to a 'narrow claim' for loss of individual employees due to misuse of confidential information.
  2. 2 Whether the 'wide claim' constitutes a new claim not previously pleaded.
  3. 3 Whether it is an abuse of process to allow the 'wide claim' at the damages assessment stage.

Ratio Decidendi

The wide claim for damages based on loss of exclusivity was sufficiently pleaded from the outset and is not a new claim. The assessment of damages should not be artificially confined. The judge at first instance was correct to set aside the Master's decision and allow the wide claim to proceed to assessment. There is no abuse of process in permitting the claimants to pursue the wide claim at the damages stage.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The 2nd and 3rd Defendants shall pay the Claimants' costs of the appeal, subject to detailed assessment if not agreed.