CW & CG Claims Limited v Clarkewood Limited & Anor.

CW & CG Claims Limited v Clarkewood Limited & Anor.

Clarkewood breached the June Agreement by failing to account to CW Claims for 50% of commission from all successful claims, including RBS, Plevin, and Additional Claims, and by deliberately manipulating BrightOffice CRM data to conceal successful claims. Clarkewood was not entitled to deduct its own overheads. The claim against Mr Mohammed for procuring breach of contract failed as the requisite intention was not established.

Parties
Claimant: CW & CG Claims Limited; First Defendant: Clarkewood Limited; Second Defendant: Masum Mohammed
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim against Clarkewood allowed; claim against Mr Mohammed dismissed.
Legal Topics
Breach of Contract, Claims Management, Inducement of Breach, Fiduciary Duty, Fraudulent Manipulation, Implied Terms
Contract Law Tort Law Fraud Breach of Contract Claims Management Inducement of Breach Fiduciary Duty Fraudulent Manipulation +1 more

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Parties

CW & CG Claims Limited

Claimant

Clarkewood Limited

First Defendant

Masum Mohammed

Second Defendant

Procedural Posture

Commercial Claim / Final Judgment

Legal Issues

  1. 1 What were the express and implied terms of the June Agreement?
  2. 2 Did Clarkewood breach the contract by failing to account for commission due?
  3. 3 Were RBS claims, Plevin claims, and Additional Claims included in the scope of the agreement?

Ratio Decidendi

Clarkewood breached the June Agreement by failing to account to CW Claims for 50% of commission from all successful claims, including RBS, Plevin, and Additional Claims, and by deliberately manipulating BrightOffice CRM data to conceal successful claims. Clarkewood was not entitled to deduct its own overheads. The claim against Mr Mohammed for procuring breach of contract failed as the requisite intention was not established.

Court Disposition

Claim against Clarkewood allowed; claim against Mr Mohammed dismissed.

Orders

  • Account and inquiry as to damages payable by Clarkewood to CW Claims, subject to deduction of loan repayments.
  • If terms of account and inquiry cannot be agreed, parties to make submissions for directions.