ID Medical Group Ltd v Unified Medical Ltd & Ors

ID Medical Group Ltd v Unified Medical Ltd & Ors

Expedition of trial is not justified for the whole case due to lack of urgency for monetary claims and complexity of issues; only half of the costs of interlocutory applications are to be paid by respondents now, with the remainder reserved for trial judge. Directions for disclosure and evidence are adjusted to allow more time for unrepresented defendants and to avoid disproportionate work.

Parties
Applicant/claimant: ID Medical Group Limited; Respondent/defendant: Unified Medical Limited; Respondent/defendant: Robert Agnew; Respondent/defendant: Ross Burton; Respondent/defendant: John Callum Boardman; Respondent/defendant: Benjamin Thompson
Jurisdiction
England and Wales
Judgment Date
17 April 2018
Procedural Posture
Civil / Interlocutory Application for Interim Injunction and Case Management Directions
Outcome
Interim undertakings agreed; expedition refused; costs partially awarded; directions adjusted.
Legal Topics
Restrictive Covenants, Breach of Confidence, Springboard Relief, Expedited Trial, Costs, Disclosure
Employment Commercial Civil Procedure Restrictive Covenants Breach of Confidence Springboard Relief Expedited Trial Costs +1 more

Case Brief

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Parties

ID Medical Group Limited

Applicant/claimant

Unified Medical Limited

Respondent/defendant

Robert Agnew

Respondent/defendant

Ross Burton

Respondent/defendant

John Callum Boardman

Respondent/defendant

Benjamin Thompson

Respondent/defendant

Procedural Posture

Civil / Interlocutory Application for Interim Injunction and Case Management Directions

Legal Issues

  1. 1 Whether interim injunction and undertakings should be granted to restrain alleged breaches of restrictive covenants and confidence
  2. 2 Whether the case merits expedition for early trial
  3. 3 Appropriate directions for disclosure and evidence

Ratio Decidendi

Expedition of trial is not justified for the whole case due to lack of urgency for monetary claims and complexity of issues; only half of the costs of interlocutory applications are to be paid by respondents now, with the remainder reserved for trial judge. Directions for disclosure and evidence are adjusted to allow more time for unrepresented defendants and to avoid disproportionate work.

Court Disposition

Interim undertakings agreed; expedition refused; costs partially awarded; directions adjusted.

Orders

  • Half of the costs of interlocutory applications to be paid by respondents within 28 days, remainder reserved.
  • Interim payment of £30,000 ordered, payable in two instalments of £15,000 each within 28 days and 56 days respectively.