Mennell & Anor v Stock & Ors [2006] EWHC 2514 (QB) (17 October 2006)

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

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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

  1. 1 Whether an oral agreement existed between the First Claimant and the First and Second Defendants regarding use of mobile number 07956
  2. 2 Whether the Defendants breached that agreement
  3. 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.