Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 838 (Comm) (07 April 2025)

Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 838 (Comm) (07 April 2025)

The Claimant's Part 36 offer was validly construed as specifying a 21-day 'Relevant Period' based on prior correspondence and context; the Claimant beat its offer, entitling it to indemnity costs, enhanced interest, and an additional amount. The appropriate interest rate on the judgment sum is 5% above base rate,...

Source-derived case information.

Citation
[2025] EWHC 838 (Comm)
Parties
Claimant: Henderson & Jones Limited; First Defendant: Salica Investments Limited; Second Defendant: Digital Home Visits Limited; Third Defendant: Digital Home Visits Technologies Limited; Fourth Defendant: Dominic Anthony Charles Perks
Jurisdiction
England and Wales
Judgment Date
07 April 2025
Procedural Posture
Commercial Court Claim for Breach of Confidence / Post Trial Consequential Matters and Costs Judgment
Outcome
Judgment for the Claimant on all consequential matters; permission to appeal refused.
Legal Topics
Breach of Confidence, Interest on Judgment, Part 36 Offers, Costs (indemnity and Standard Basis), Permission to Appeal
Commercial Law Civil Procedure Breach of Confidence Interest on Judgment Part 36 Offers Costs (indemnity and Standard Basis) Permission to Appeal

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Summary, issues, holding and outcome

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Parties

Henderson & Jones Limited

Claimant

Salica Investments Limited

First Defendant

Digital Home Visits Limited

Second Defendant

Digital Home Visits Technologies Limited

Third Defendant

Dominic Anthony Charles Perks

Fourth Defendant

Procedural Posture

Commercial Court Claim for Breach of Confidence / Post Trial Consequential Matters and Costs Judgment

Legal Issues

  1. 1 Appropriate interest rate on judgment sum for breach of confidence claim
  2. 2 Validity and construction of Claimant's Part 36 offer dated 31 October 2023
  3. 3 Whether Claimant beat its Part 36 offer and consequences under CPR 36.17(4)

Ratio Decidendi

The Claimant's Part 36 offer was validly construed as specifying a 21-day 'Relevant Period' based on prior correspondence and context; the Claimant beat its offer, entitling it to indemnity costs, enhanced interest, and an additional amount. The appropriate interest rate on the judgment sum is 5% above base rate, reflecting the position of a private individual/small businessman. No part of the interest period should be disapplied due to the Defendants' conduct and delay was justified.

Court Disposition

Judgment for the Claimant on all consequential matters; permission to appeal refused.

Orders

  • First and Fourth Defendants to pay interest at 5% above Bank of England base rate on £2,154,285 from 9 March 2016 to 21 November 2023.
  • From 21 November 2023, interest on judgment sum at 10% above base rate.