Slater & Gordon (UK) 1 Ltd v Watchstone

Slater & Gordon (UK) 1 Ltd v Watchstone

The amendments sought by Watchstone, both to the defence and to introduce a counterclaim for breach of confidence, inducing breach of contract, and conspiracy, have a real prospect of success and are more than merely fanciful. The evidence and email correspondence show a good arguable case that confidential information was obtained and used to S&G's advantage. The objections raised by S&G are matters for trial, not for summary determination. The amendments are allowed and the counterclaim will be tried together with the main claim.

Parties
Claimant/respondent: Slater & Gordon (UK) 1 Limited; Defendant/applicant: Watchstone
Jurisdiction
England and Wales
Judgment Date
06 September 2019
Procedural Posture
Commercial Court Claim / Ruling on Application for Permission to Amend Defence and Bring Counterclaim
Outcome
Application allowed; permission granted to amend defence and bring counterclaim; counterclaim to be tried together with main claim.
Legal Topics
Breach of Confidence, Inducing Breach of Contract, Unlawful Means Conspiracy, Fraud, Equitable Set Off, Case Management
Commercial Law Contract Law Equity Breach of Confidence Inducing Breach of Contract Unlawful Means Conspiracy Fraud Equitable Set Off +1 more

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Parties

Slater & Gordon (UK) 1 Limited

Claimant/respondent

Watchstone

Defendant/applicant

Procedural Posture

Commercial Court Claim / Ruling on Application for Permission to Amend Defence and Bring Counterclaim

Legal Issues

  1. 1 Whether Watchstone should be granted permission to amend its defence and bring a counterclaim for breach of confidence, inducing breach of contract, and unlawful means conspiracy
  2. 2 Whether the amendments have a real prospect of success
  3. 3 Whether the counterclaim should be tried together with the main claim

Ratio Decidendi

The amendments sought by Watchstone, both to the defence and to introduce a counterclaim for breach of confidence, inducing breach of contract, and conspiracy, have a real prospect of success and are more than merely fanciful. The evidence and email correspondence show a good arguable case that confidential information was obtained and used to S&G's advantage. The objections raised by S&G are matters for trial, not for summary determination. The amendments are allowed and the counterclaim will be tried together with the main claim.

Court Disposition

Application allowed; permission granted to amend defence and bring counterclaim; counterclaim to be tried together with main claim.

Orders

  • Permission granted to Watchstone to amend its defence and introduce counterclaim.
  • Counterclaim to be tried at the same time as the claim in the trial commencing 21 October 2019.