Credico Marketing Ltd & Anor v Lambert & Anor

Credico Marketing Ltd & Anor v Lambert & Anor

The court found that the claimants had a good arguable case for inducing breach of contract against the proposed additional defendants, that joinder would assist in resolving interconnected factual issues, and that amendments to add claims for damages and account of profits were justified. The overriding objective and public policy favoured hearing all claims together, with appropriate adjustments to the trial timetable.

Parties
Claimant/applicant: Credico Marketing Limited; Claimant/applicant: PerDM Trading Limited; Defendant/respondent: Benjamin Gregory Lambert; Defendant/respondent: S5 Marketing Limited; Respondent/proposed Additional Defendant: Gilles Jean Baudet; Respondent/proposed Additional Defendant: Power 21 Limited; Respondent/proposed Additional Defendant: The Interactive Team Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2021
Procedural Posture
Civil / Ruling on Application for Joinder and Amendment of Claim
Outcome
Application granted
Legal Topics
Joinder of Parties, Inducement of Breach of Contract, Restrictive Covenants, Amendment of Pleadings, Case Management
Contract Law Tort Law Civil Procedure Joinder of Parties Inducement of Breach of Contract Restrictive Covenants Amendment of Pleadings Case Management

Case Brief

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Parties

Credico Marketing Limited

Claimant/applicant

PerDM Trading Limited

Claimant/applicant

Benjamin Gregory Lambert

Defendant/respondent

S5 Marketing Limited

Defendant/respondent

Gilles Jean Baudet

Respondent/proposed Additional Defendant

Power 21 Limited

Respondent/proposed Additional Defendant

The Interactive Team Limited

Respondent/proposed Additional Defendant

Procedural Posture

Civil / Ruling on Application for Joinder and Amendment of Claim

Legal Issues

  1. 1 Whether proposed additional defendants should be joined to proceedings
  2. 2 Whether claimants have a good arguable case for inducing breach of contract
  3. 3 Whether permission should be granted to amend the claim form to add claims for damages and account of profits

Ratio Decidendi

The court found that the claimants had a good arguable case for inducing breach of contract against the proposed additional defendants, that joinder would assist in resolving interconnected factual issues, and that amendments to add claims for damages and account of profits were justified. The overriding objective and public policy favoured hearing all claims together, with appropriate adjustments to the trial timetable.

Court Disposition

Application granted

Orders

  • Permission to join three proposed additional defendants granted
  • Permission to amend claim form to add claims for damages and account of profits granted