City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)

City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)

The claims as pleaded, including those for estimated flipped workers, commission in addition to transfer fees, and lost management time, are not so inherently deficient or lacking in factual basis as to warrant summary judgment or strike out at this stage; evidential disputes and further particulars may be resolved at trial or through further information.

Citation
[2020] EWHC 1159 (TCC)
Parties
Claimant/respondent: City East Recruitment Limited; Defendant/applicant: British Gas Social Housing Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2020
Procedural Posture
Application for Summary Judgment And/or Strike Out / Judgment on Application
Outcome
Application dismissed
Legal Topics
Summary Judgment, Strike Out, Recruitment Agency Contracts, Transfer Fees, Commission Claims, Lost Management Time
Contract Law Employment Law Civil Procedure Summary Judgment Strike Out Recruitment Agency Contracts Transfer Fees Commission Claims +1 more

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Parties

City East Recruitment Limited

Claimant/respondent

British Gas Social Housing Limited

Defendant/applicant

Procedural Posture

Application for Summary Judgment And/or Strike Out / Judgment on Application

Legal Issues

  1. 1 Whether claims relating to estimated flipped workers should be struck out or summarily dismissed
  2. 2 Whether commission can be claimed in addition to transfer fees
  3. 3 Whether claims for lost management time and business development losses should be struck out

Ratio Decidendi

The claims as pleaded, including those for estimated flipped workers, commission in addition to transfer fees, and lost management time, are not so inherently deficient or lacking in factual basis as to warrant summary judgment or strike out at this stage; evidential disputes and further particulars may be resolved at trial or through further information.

Court Disposition

Application dismissed

Orders

  • Application for summary judgment and/or strike out refused
  • Claims allowed to proceed to trial