Credico Marketing Ltd & Anor v Lambert & Ors (Rev2) [2021] EWHC 1887 (QB) (06 July 2021)

Credico Marketing Ltd & Anor v Lambert & Ors (Rev2) [2021] EWHC 1887 (QB) (06 July 2021)

Claimants were overall winners at speedy trial; costs awarded to claimants for speedy trial and earlier hearings, subject to detailed assessment. Interim payment set at 50% of claimed costs. Leave granted to amend pleadings due to justified late disclosure. Permission to appeal refused as proposed grounds lacked real prospect of success.

Citation
[2021] EWHC 1887
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
06 July 2021
Procedural Posture
Commercial Litigation / Post Liability, Consequential Orders
Outcome
Costs awarded to claimants; leave to amend granted; permission to appeal refused.
Legal Topics
Enforceability of Restrictive Covenants, Costs, Amendment of Pleadings, Permission to Appeal
Contract Commercial Restrictive Covenants Enforceability of Restrictive Covenants Costs Amendment of Pleadings Permission to Appeal

Case Brief

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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 Litigation / Post Liability, Consequential Orders

Legal Issues

  1. 1 Whether costs should be awarded to the claimants at the liability stage or postponed until quantum
  2. 2 Whether an issues-based costs award is appropriate
  3. 3 Whether claimants should be granted leave to amend to add claims for unlawful means conspiracy and unlawful interference

Ratio Decidendi

Claimants were overall winners at speedy trial; costs awarded to claimants for speedy trial and earlier hearings, subject to detailed assessment. Interim payment set at 50% of claimed costs. Leave granted to amend pleadings due to justified late disclosure. Permission to appeal refused as proposed grounds lacked real prospect of success.

Court Disposition

Costs awarded to claimants; leave to amend granted; permission to appeal refused.

Orders

  • First and Second Defendants to pay claimants’ costs of proceedings so far, subject to detailed assessment.
  • First and Second Defendants to make interim payment of £472,874 within 14 days.