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 the liability stage, entitled to full costs and an interim payment of 50% of claimed costs; amendment to pleadings allowed due to justified late disclosure; permission to appeal refused as grounds lacked real prospect of success.

Citation
[2021] EWHC 1887 (QB)
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 Hearing
Outcome
Claimants awarded costs; amendment to pleadings allowed; 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 Hearing

Legal Issues

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

Ratio Decidendi

Claimants were overall winners at the liability stage, entitled to full costs and an interim payment of 50% of claimed costs; amendment to pleadings allowed due to justified late disclosure; permission to appeal refused as grounds lacked real prospect of success.

Court Disposition

Claimants awarded costs; amendment to pleadings allowed; 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 on account of costs in sum of £472,874 within 14 days.