Mennell & Anor v Stock & Ors [2006] EWHC 2514 (QB) (17 October 2006)
The court found that an oral agreement was made in August 2004 between the First Claimant and the First and Second Defendants, granting the First Claimant exclusive use and responsibility for mobile number 07956. The Defendants' actions in March 2006 breached this agreement and also constituted unlawful interference with the Second Claimant's business. There was no contract between the Claimants and T-Mobile that the Defendants could have procured a breach of.
- Citation
- [2006] EWHC 2514
- Parties
- First Claimant: Mark Mennell; Second Claimant: Loft Logic Limited; First Defendant: Lawrence Stock; Second Defendant: Extendaloft Limited; Third Defendant: T-Mobile (UK) Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 October 2006
- Procedural Posture
- Trial of Preliminary Issue / Judgment on Liability Only
- Outcome
- Liability found for the Claimants on breach of contract and tort of interference with business by unlawful means; no liability for procuring breach of contract.
- Legal Topics
- Breach of Contract, Interference With Business by Unlawful Means, Oral Agreements, Procurement of Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Mark Mennell
First Claimant
Loft Logic Limited
Second Claimant
Lawrence Stock
First Defendant
Extendaloft Limited
Second Defendant
T-Mobile (UK) Limited
Third Defendant
Procedural Posture
Trial of Preliminary Issue / Judgment on Liability Only
Legal Issues
- 1 Whether an oral agreement existed between the First Claimant and the First and Second Defendants regarding use of mobile number 07956
- 2 Whether the Defendants breached that agreement
- 3 Whether the Defendants unlawfully interfered with the Second Claimant's business
Ratio Decidendi
The court found that an oral agreement was made in August 2004 between the First Claimant and the First and Second Defendants, granting the First Claimant exclusive use and responsibility for mobile number 07956. The Defendants' actions in March 2006 breached this agreement and also constituted unlawful interference with the Second Claimant's business. There was no contract between the Claimants and T-Mobile that the Defendants could have procured a breach of.
Court Disposition
Liability found for the Claimants on breach of contract and tort of interference with business by unlawful means; no liability for procuring breach of contract.
Orders
- Counsel to agree the terms of an order giving effect to the judgment.
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