Your Lawyers Ltd v Capital Interchange Ltd & Anor [2024] EWHC 287 (Ch) (23 February 2024)
The claims against both CIL and Therium raise triable issues of fact and law that are not precluded by prior findings in the HS Proceedings, and the pleadings are sufficient to proceed. The applications to strike out or summarily dismiss the claims are refused, subject to YLL providing further particulars of confidential information relied upon against Therium.
- Citation
- [2024] EWHC 287 (Ch)
- Parties
- Claimant: Your Lawyers Limited; First Defendant: Capital Interchange Limited; Second Defendant: Therium Capital Management Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2024
- Procedural Posture
- Commercial Contract and Tort Claim / Strike Out and Summary Judgment Applications
- Outcome
- Applications to strike out and for summary judgment refused.
- Legal Topics
- Confidentiality Agreements, Breach of Contract, Breach of Confidence, Unlawful Means Conspiracy, Restitution, Summary Judgment, Strike Out Applications, Restraint of Trade
Case Brief
Summary, issues, holding and outcome
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Parties
Your Lawyers Limited
Claimant
Capital Interchange Limited
First Defendant
Therium Capital Management Limited
Second Defendant
Procedural Posture
Commercial Contract and Tort Claim / Strike Out and Summary Judgment Applications
Legal Issues
- 1 Whether the claim against CIL for breach of confidentiality agreement should be struck out or summarily dismissed
- 2 Whether the claim against Therium for breach of confidence, unlawful means conspiracy, and restitution should be struck out or summarily dismissed
- 3 Whether the claims are an abuse of process or precluded by prior findings in related litigation
Ratio Decidendi
The claims against both CIL and Therium raise triable issues of fact and law that are not precluded by prior findings in the HS Proceedings, and the pleadings are sufficient to proceed. The applications to strike out or summarily dismiss the claims are refused, subject to YLL providing further particulars of confidential information relied upon against Therium.
Court Disposition
Applications to strike out and for summary judgment refused.
Orders
- YLL to provide further particulars of confidential information relied upon against Therium.
- Proceedings to continue to trial.
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