Credico Marketing Ltd & Anor v Lambert & Ors [2021] EWHC 1504 (QB) (04 June 2021)

Credico Marketing Ltd & Anor v Lambert & Ors [2021] EWHC 1504 (QB) (04 June 2021)

The restrictive covenants in the Trading Agreement and Guarantee are enforceable as they are no wider than reasonably necessary to protect the Claimants' legitimate business interests. Credico is entitled to enforce the Trading Agreement by virtue of novation and/or estoppel by convention. Mr Lambert and S5 breached the covenants by engaging in competing business activities for Novibet and ESM. Declaratory and injunctive relief is appropriate to restrain further breaches and misuse of confidential information.

Citation
[2021] EWHC 1504
Parties
Claimant: Credico Marketing Limited; Claimant: PerDM Trading Limited; Defendant: Benjamin Gregory Lambert; Defendant: S5 Marketing Limited; Defendant: Gilles Jean Baudet; Defendant: Power 21 Limited; Defendant: Interactive Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2021
Procedural Posture
Commercial Contract Dispute / Speedy Trial on Liability and Injunctive Relief
Outcome
Claim for declaratory and injunctive relief granted against Mr Lambert and S5; proceedings against Third to Fifth Defendants stayed by Tomlin Order; damages to be determined later if necessary.
Legal Topics
Enforceability of Restrictive Covenants, Novation, Estoppel by Convention, Misuse of Confidential Information, Delivery Up of Documents, Declaratory and Injunctive Relief
Contract Law Restrictive Covenants Employment Law Enforceability of Restrictive Covenants Novation Estoppel by Convention Misuse of Confidential Information Delivery Up of Documents +1 more

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Parties

Credico Marketing Limited

Claimant

PerDM Trading Limited

Claimant

Benjamin Gregory Lambert

Defendant

S5 Marketing Limited

Defendant

Gilles Jean Baudet

Defendant

Power 21 Limited

Defendant

Interactive Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Speedy Trial on Liability and Injunctive Relief

Legal Issues

  1. 1 Whether restrictive covenants in Trading Agreement and Guarantee are enforceable
  2. 2 Whether Credico is entitled to enforce the Trading Agreement via novation or estoppel
  3. 3 Whether Mr Lambert and S5 breached restrictive covenants

Ratio Decidendi

The restrictive covenants in the Trading Agreement and Guarantee are enforceable as they are no wider than reasonably necessary to protect the Claimants' legitimate business interests. Credico is entitled to enforce the Trading Agreement by virtue of novation and/or estoppel by convention. Mr Lambert and S5 breached the covenants by engaging in competing business activities for Novibet and ESM. Declaratory and injunctive relief is appropriate to restrain further breaches and misuse of confidential information.

Court Disposition

Claim for declaratory and injunctive relief granted against Mr Lambert and S5; proceedings against Third to Fifth Defendants stayed by Tomlin Order; damages to be determined later if necessary.

Orders

  • Declaration that restrictive covenants in Trading Agreement and Guarantee are enforceable
  • Declaration that Credico entitled to interim relief