Quinn Infrastructure Services Ltd v Sullivan & Os

Quinn Infrastructure Services Ltd v Sullivan & Os

The claimant failed to prove that the licensed products belonged to it or that the licence fees charged were unreasonable; the claimant was reimbursed by BT for Auto Emulation costs and thus suffered no loss; the only successful claim was for unjust enrichment against the third defendant for BT Portal hosting charges, as the third defendant retained sums not paid out as licence fees.

Parties
Claimant: Quinn Infrastructure Services Limited; First Defendant: Stephen Sullivan; Second Defendant: Steven Cairns; Third Defendant: IT Excellence UK Limited; Fourth Defendant: ITXL Software Limited
Jurisdiction
England and Wales
Judgment Date
21 November 2019
Procedural Posture
Commercial Claim / Final Judgment After Full Trial
Outcome
Claim largely dismissed; only partial success for claimant on unjust enrichment against third defendant.
Legal Topics
Unjust Enrichment, Breach of Contract, Fiduciary Duties, Damages, Deceit, Conspiracy, Reasonable Remuneration, Assignment of Claims
Commercial Law Contract Law Restitution Company Law Unjust Enrichment Breach of Contract Fiduciary Duties Damages +4 more

Case Brief

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Parties

Quinn Infrastructure Services Limited

Claimant

Stephen Sullivan

First Defendant

Steven Cairns

Second Defendant

IT Excellence UK Limited

Third Defendant

ITXL Software Limited

Fourth Defendant

Procedural Posture

Commercial Claim / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants overcharged the claimant for IT services and products
  2. 2 Whether the claimant was entitled to restitution for alleged overpayments
  3. 3 Whether the licensed products belonged to the claimant or the defendants

Ratio Decidendi

The claimant failed to prove that the licensed products belonged to it or that the licence fees charged were unreasonable; the claimant was reimbursed by BT for Auto Emulation costs and thus suffered no loss; the only successful claim was for unjust enrichment against the third defendant for BT Portal hosting charges, as the third defendant retained sums not paid out as licence fees.

Court Disposition

Claim largely dismissed; only partial success for claimant on unjust enrichment against third defendant.

Orders

  • Claimant to recover £76,066.14 from the third defendant for unjust enrichment (BT Portal hosting charges).
  • All other claims dismissed.