Mennell & Anor v Stock & Ors

Mennell & Anor v Stock & Ors

The court found that 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 in exchange for paying the bills. The Defendants' instructions to T-Mobile in March 2006 to suspend and divert the numbers breached this agreement and 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.

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 breach of contract.
Legal Topics
Breach of Contract, Interference With Business by Unlawful Means, Procurement of Breach of Contract
Contract Law Tort Law Breach of Contract Interference With Business by Unlawful Means 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

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

The court found that 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 in exchange for paying the bills. The Defendants' instructions to T-Mobile in March 2006 to suspend and divert the numbers breached this agreement and 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 established for 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.