Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

The claimant was the successful party against all defendants on the main issues of liability; costs should be awarded to the claimant subject to exceptions for discrete issues where defendants succeeded. Permission to amend pleadings post-judgment was granted due to exceptional circumstances. Applications for permission to appeal were refused as there was no realistic prospect of success.

Citation
[2008] EWHC 1646
Parties
Claimant: Kynixa Limited; First Defendant: Martin Hynes; Second Defendant: Sarah Preston; Third Defendant: Heather Smith
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Civil (breach of Contract and Fiduciary Duty) / Post Liability Judgment; Costs and Consequential Orders
Outcome
Claimant awarded costs of and incidental to liability issues against all defendants, subject to exceptions; interim payments on account ordered; permission to amend pleadings granted; permission to appeal refused.
Legal Topics
Breach of Contract, Fiduciary Duty, Costs Orders, Injunctions, Implied Duty of Fidelity, Shareholder Agreements
Contract Law Company Law Employment Law Breach of Contract Fiduciary Duty Costs Orders Injunctions Implied Duty of Fidelity +1 more

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Parties

Kynixa Limited

Claimant

Martin Hynes

First Defendant

Sarah Preston

Second Defendant

Heather Smith

Third Defendant

Procedural Posture

Civil (breach of Contract and Fiduciary Duty) / Post Liability Judgment; Costs and Consequential Orders

Legal Issues

  1. 1 Whether each defendant breached contract with the claimant
  2. 2 Whether the First and Second Defendants breached fiduciary duties
  3. 3 Appropriate allocation of costs following liability judgment

Ratio Decidendi

The claimant was the successful party against all defendants on the main issues of liability; costs should be awarded to the claimant subject to exceptions for discrete issues where defendants succeeded. Permission to amend pleadings post-judgment was granted due to exceptional circumstances. Applications for permission to appeal were refused as there was no realistic prospect of success.

Court Disposition

Claimant awarded costs of and incidental to liability issues against all defendants, subject to exceptions; interim payments on account ordered; permission to amend pleadings granted; permission to appeal refused.

Orders

  • First Defendant to pay claimant's costs of and incidental to liability issues, excluding costs unrelated to him.
  • Second Defendant to pay claimant's costs of and incidental to liability issues except for issues in paragraphs 322-354, for which claimant pays Second Defendant; set-off to apply after assessment.