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 included loss of the Brakes contract, and the adjournment by HHJ Curran did not limit the scope of the damages assessment. The Points of Claim merely particularised the existing claim. The Master's decision was based on misunderstandings regarding the nature of the Claimants' case and the scope of the adjournment. The assessment of damages should proceed on the wide basis, allowing further disclosure and fact-finding as necessary.

Citation
[2017] EWHC 383 (QB)
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 Master's Case Management Decision Regarding Scope of Damages Assessment and Disclosure
Outcome
Appeal allowed
Legal Topics
Breach of Confidence, Assessment of Damages, Disclosure, Case Management, Res Judicata, Abuse of Process
Civil Procedure Commercial Law Equity Breach of Confidence Assessment of Damages Disclosure Case Management Res Judicata +1 more

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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 Master's Case Management Decision Regarding Scope of Damages Assessment and Disclosure

Legal Issues

  1. 1 Whether the assessment of damages should be limited to losses from individual policyholders switching providers (narrow basis) or include the wider claim for loss of the Brakes contract as a whole (wide basis)
  2. 2 Whether the Claimants are precluded from expanding their case on quantum at the damages assessment stage
  3. 3 Whether the Master's decision to limit the scope of damages assessment was correct

Ratio Decidendi

The Claimants are not precluded from advancing their expanded case on quantum at the assessment of damages hearing. The original claim included loss of the Brakes contract, and the adjournment by HHJ Curran did not limit the scope of the damages assessment. The Points of Claim merely particularised the existing claim. The Master's decision was based on misunderstandings regarding the nature of the Claimants' case and the scope of the adjournment. The assessment of damages should proceed on the wide basis, allowing further disclosure and fact-finding as necessary.

Court Disposition

Appeal allowed

Orders

  • Master's order limiting the scope of damages assessment set aside
  • Claimants entitled to pursue damages on the wide basis, including loss of the Brakes contract