Personal Management Solutions Ltd & Anor v Brakes Bros Ltd & Ors [2017] EWHC 383 (QB) (01 March 2017)

Personal Management Solutions Ltd & Anor v Brakes Bros Ltd & Ors [2017] EWHC 383 (QB) (01 March 2017)

The Claimants are not precluded from advancing their expanded case on quantum at the assessment of damages hearing. The original claim always included loss of the Brakes contract, and the Points of Claim merely particularise that claim. HHJ Curran's judgment did not limit the scope of the damages assessment, and further fact-finding on the extent of unauthorised use is permissible at the quantum stage. There is no abuse of process or res judicata. The Master erred in limiting the assessment to the narrow basis.

Citation
[2017] EWHC 383
Parties
Claimant/appellant: Personal Management Solutions Limited; Claimant/appellant: Personal Group Benefits Limited; Defendant/respondent: Brakes Bros. Limited; Defendant/respondent: Gee 7 Group Limited; Defendant/respondent: Gee 7 Wealth Management Limited; Defendant/respondent: Mr Mark Eaton
Jurisdiction
England and Wales
Judgment Date
01 March 2017
Procedural Posture
Appeal / Appeal From Case Management Order Regarding Scope of Damages Assessment
Outcome
Appeal allowed
Legal Topics
Breach of Confidence, Assessment of Damages, Disclosure, Case Management, Res Judicata, Abuse of Process
Civil Procedure Commercial Law Breach of Confidence Assessment of Damages Disclosure Case Management Res Judicata Abuse of Process

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Parties

Personal Management Solutions Limited

Claimant/appellant

Personal Group Benefits Limited

Claimant/appellant

Brakes Bros. Limited

Defendant/respondent

Gee 7 Group Limited

Defendant/respondent

Gee 7 Wealth Management Limited

Defendant/respondent

Mr Mark Eaton

Defendant/respondent

Procedural Posture

Appeal / Appeal From Case Management Order Regarding Scope of Damages Assessment

Legal Issues

  1. 1 Whether the assessment of damages should be limited to losses from individual policyholder switches or can include broader losses from loss of the Brakes contract as a whole
  2. 2 Whether the Claimants are precluded from expanding their case on quantum at the damages assessment stage
  3. 3 Whether the Points of Claim constitute an abuse of process or are res judicata

Ratio Decidendi

The Claimants are not precluded from advancing their expanded case on quantum at the assessment of damages hearing. The original claim always included loss of the Brakes contract, and the Points of Claim merely particularise that claim. HHJ Curran's judgment did not limit the scope of the damages assessment, and further fact-finding on the extent of unauthorised use is permissible at the quantum stage. There is no abuse of process or res judicata. The Master erred in limiting the assessment to the narrow basis.

Court Disposition

Appeal allowed

Orders

  • The Master's order limiting the assessment of damages to the narrow basis is set aside.
  • The Claimants are entitled to advance their case on the wide approach to damages.