Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

Gamatronic (UK) Ltd & Anor v Hamilton & Ors [2013] EWHC 3287 (QB) (30 October 2013)

The claimants' statement of case is seriously defective and must be struck out, but claimants are permitted to serve a new statement of case; the SPA release does not necessarily bar all claims, especially those arising from concealed wrongdoing or post-SPA conduct, and claimants have a real prospect of escaping the release if sharp practice is established; summary judgment and strike out applications are rejected as claimants have sufficient factual basis to re-plead claims.

Citation
[2013] EWHC 3287
Parties
Claimant: Gamatronic (UK) Ltd; Claimant: Gamatronic Israel; First Defendant: Robert Hamilton; Second Defendant: Jayne Mansfield; Third Defendant: Vox
Jurisdiction
England and Wales
Judgment Date
30 October 2013
Procedural Posture
Civil / Interlocutory Applications for Strike Out and Summary Judgment
Outcome
Claimants' statement of case struck out; claimants permitted to serve new statement of case.
Legal Topics
Release and Settlement Agreements, Fiduciary Duties, Breach of Contract, Misuse of Confidential Information, Conspiracy, Money Had and Received, Pleading Requirements
Contract Law Employment Law Company Law Equity Release and Settlement Agreements Fiduciary Duties Breach of Contract Misuse of Confidential Information +3 more

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Parties

Gamatronic (UK) Ltd

Claimant

Gamatronic Israel

Claimant

Robert Hamilton

First Defendant

Jayne Mansfield

Second Defendant

Vox

Third Defendant

Procedural Posture

Civil / Interlocutory Applications for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether claimants are barred by release in SPA from pursuing claims for breach of fiduciary and contractual duties
  2. 2 Adequacy of claimants' pleading
  3. 3 Whether claims for money had and received, conspiracy, procuring breach of contract, and interference with business are properly pleaded

Ratio Decidendi

The claimants' statement of case is seriously defective and must be struck out, but claimants are permitted to serve a new statement of case; the SPA release does not necessarily bar all claims, especially those arising from concealed wrongdoing or post-SPA conduct, and claimants have a real prospect of escaping the release if sharp practice is established; summary judgment and strike out applications are rejected as claimants have sufficient factual basis to re-plead claims.

Court Disposition

Claimants' statement of case struck out; claimants permitted to serve new statement of case.

Orders

  • Claimants' statement of case struck out.
  • Claimants permitted to serve new statement of case verified by statement of truth.