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

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

An oral agreement was made in August 2004 between the First Claimant and the Defendants granting the First Claimant exclusive use of mobile number 07956 and control of the associated account. The Defendants' instructions to T-Mobile in March 2006 to suspend and divert the numbers breached this agreement and constituted unlawful means, making them liable for breach of contract to the First Claimant and for the tort of interference with business by unlawful means to the Second Claimant. There was no contract between the Claimants and T-Mobile that the Defendants could have procured a breach of.

Citation
[2006] EWHC 2514 (QB)
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
Civil / Trial of Preliminary Issue
Outcome
Liability established for breach of contract and tort of interference with business by unlawful means; no liability for procuring a breach of contract.
Legal Topics
Breach of Contract, Interference With Business by Unlawful Means, Oral Agreements, Mobile Phone Account Disputes, Intention to Injure, Unlawful Means, Privity of Contract
Contract Law Tort Law Breach of Contract Interference With Business by Unlawful Means Oral Agreements Mobile Phone Account Disputes Intention to Injure Unlawful Means +1 more

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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

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether an oral agreement existed between the First Claimant and the 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

An oral agreement was made in August 2004 between the First Claimant and the Defendants granting the First Claimant exclusive use of mobile number 07956 and control of the associated account. The Defendants' instructions to T-Mobile in March 2006 to suspend and divert the numbers breached this agreement and constituted unlawful means, making them liable for breach of contract to the First Claimant and for the tort of interference with business by unlawful means to the Second Claimant. There was no contract between the Claimants and T-Mobile that the Defendants could have procured a breach of.

Court Disposition

Liability established for breach of contract and tort of interference with business by unlawful means; no liability for procuring a breach of contract.