Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors [2024] EWHC 3333 (Ch) (20 December 2024)

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors [2024] EWHC 3333 (Ch) (20 December 2024)

Cheval is entitled to damages for losses caused by Momenta's breaches of contractual duty, assessed using a loss of a chance methodology where recovery depended on actions of third parties, and full recovery for losses directly caused by breach. Wasted expenditure is recoverable where services were not provided. Indemnity claim for further professional negligence payments is adjourned with permission to restore.

Citation
[2024] EWHC 3333 (Ch)
Parties
Claimant: Momenta Holdings (PPI) Limited; First Defendant: Cheval Legal Limited; Second Defendant: Mr Steven McGarry; Third Defendant: Mr Philip Ryan; Fourth Defendant: DGM Administrative Services Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Counterclaim / Disposal Hearing for Assessment of Sums Due
Outcome
Judgment for Cheval Legal Limited on the counterclaim against Momenta Holdings (PPI) Limited.
Legal Topics
Breach of Contract, Loss of Chance, Indemnity, Damages Assessment, Outsourcing Agreements, Professional Liability
Contract Law Professional Negligence Litigation Funding Breach of Contract Loss of Chance Indemnity Damages Assessment Outsourcing Agreements +1 more

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Parties

Momenta Holdings (PPI) Limited

Claimant

Cheval Legal Limited

First Defendant

Mr Steven McGarry

Second Defendant

Mr Philip Ryan

Third Defendant

DGM Administrative Services Limited

Fourth Defendant

Procedural Posture

Counterclaim / Disposal Hearing for Assessment of Sums Due

Legal Issues

  1. 1 Assessment of damages for breach of contractual duties
  2. 2 Application of loss of a chance analysis to damages
  3. 3 Entitlement to indemnity for professional negligence payments

Ratio Decidendi

Cheval is entitled to damages for losses caused by Momenta's breaches of contractual duty, assessed using a loss of a chance methodology where recovery depended on actions of third parties, and full recovery for losses directly caused by breach. Wasted expenditure is recoverable where services were not provided. Indemnity claim for further professional negligence payments is adjourned with permission to restore.

Court Disposition

Judgment for Cheval Legal Limited on the counterclaim against Momenta Holdings (PPI) Limited.

Orders

  • Momenta to pay Cheval £4,192,764.46 in damages.
  • Claim under Group 7 (indemnity for further professional negligence payments) adjourned with permission to restore.