Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

Kynixa Ltd v Hynes & Ors [2008] EWHC 1646 (QB) (15 July 2008)

Claimant was the successful party against all Defendants on the main issues; costs awarded accordingly, with adjustments to reflect discrete issues won by Defendants. Permission granted to amend pleadings post-judgment due to exceptional circumstances. Applications for permission to appeal refused as prospects of success were low.

Citation
[2008] EWHC 1646 (QB)
Parties
Claimant: Kynixa Limited; First Defendant: Martin Hynes; Second Defendant: Sarah Preston; Third Defendant: Heather Smith
Jurisdiction
England and Wales
Judgment Date
15 July 2008
Procedural Posture
Civil (high Court, Queen's Bench Division) / Post Liability Judgment; Costs and Consequential Orders
Outcome
Costs orders made in favour of Claimant against all Defendants, with specific apportionment; permission to amend pleadings granted; permission to appeal refused.
Legal Topics
Breach of Contract, Fiduciary Duty, Costs Orders, Shareholder Agreements, Implied Duty of Fidelity, Injunctive Relief
Contract Law Company Law Employment Law Breach of Contract Fiduciary Duty Costs Orders Shareholder Agreements Implied Duty of Fidelity +1 more

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Parties

Kynixa Limited

Claimant

Martin Hynes

First Defendant

Sarah Preston

Second Defendant

Heather Smith

Third Defendant

Procedural Posture

Civil (high Court, Queen's Bench Division) / Post Liability Judgment; Costs and Consequential Orders

Legal Issues

  1. 1 Whether each Defendant breached contract with the Claimant
  2. 2 Whether First and Second Defendants breached fiduciary duties
  3. 3 Appropriate allocation of costs between parties

Ratio Decidendi

Claimant was the successful party against all Defendants on the main issues; costs awarded accordingly, with adjustments to reflect discrete issues won by Defendants. Permission granted to amend pleadings post-judgment due to exceptional circumstances. Applications for permission to appeal refused as prospects of success were low.

Court Disposition

Costs orders made in favour of Claimant against all Defendants, with specific apportionment; permission to amend pleadings granted; permission to appeal refused.

Orders

  • First Defendant to pay Claimant's costs of and incidental to liability issues, except for costs unrelated to him.
  • Second Defendant to pay Claimant's costs of and incidental to liability issues except for issues in paragraphs 322-354, for which Claimant pays Second Defendant; set-off to apply.