Personal Management Solutions Ltd & Anor v Brakes Bros Ltd & Ors

Personal Management Solutions Ltd & Anor v Brakes Bros Ltd & Ors

The Claimants are entitled to advance their case for damages on the wide approach, including losses from the loss of the Brakes contract as a whole, as the original judgment did not limit the scope of the damages assessment. The expanded claim is a particularisation of the original pleaded case and does not constitute an abuse of process or impermissible re-litigation.

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 Case Management Decision Regarding Scope of Damages Assessment
Outcome
Appeal allowed
Legal Topics
Breach of Confidence, Assessment of Damages, Disclosure, Case Management, Res Judicata, Abuse of Process
Commercial Law Equity Confidential Information 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 Case Management Decision Regarding Scope of Damages Assessment

Legal Issues

  1. 1 Whether the scope of the assessment of damages should be limited to losses from individual policyholders switching providers or include losses from the loss of the Brakes contract as a whole
  2. 2 Whether the Claimants are precluded from expanding their case on quantum at the damages assessment stage
  3. 3 Whether the Points of Claim constitute an abuse of process or attempt to re-litigate matters already decided

Ratio Decidendi

The Claimants are entitled to advance their case for damages on the wide approach, including losses from the loss of the Brakes contract as a whole, as the original judgment did not limit the scope of the damages assessment. The expanded claim is a particularisation of the original pleaded case and does not constitute an abuse of process or impermissible re-litigation.

Court Disposition

Appeal allowed

Orders

  • Claimants' application for disclosure dated 12 July 2016 allowed in principle
  • Defendants' application dated 28 July 2016 dismissed except for disclosure application and directions for witness statements