Credico Marketing Ltd & Anor v Lambert & Ors (Costs) [2022] EWHC 2114 (QB) (08 August 2022)

Credico Marketing Ltd & Anor v Lambert & Ors (Costs) [2022] EWHC 2114 (QB) (08 August 2022)

Determination of costs for the Speedy Trial is postponed until after assessment of damages for breach of Clause 21.1, as the Court of Appeal's ruling materially altered the outcome and allocation cannot be fairly made until quantum is known. No interim payment is ordered due to uncertainty regarding entitlement and amount.

Citation
[2022] EWHC 2114
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
08 August 2022
Procedural Posture
Commercial Litigation / Post Appeal, Costs Determination Pending Damages Assessment
Outcome
Costs determination for Speedy Trial postponed pending damages assessment; no interim payment ordered.
Legal Topics
Enforceability of Restrictive Covenants, Costs Orders, Interim Payments, Unlawful Means Conspiracy, Unlawful Interference
Contract Law Restrictive Covenants Civil Procedure Enforceability of Restrictive Covenants Costs Orders Interim Payments Unlawful Means Conspiracy Unlawful Interference

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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 Appeal, Costs Determination Pending Damages Assessment

Legal Issues

  1. 1 Whether costs of the Speedy Trial should be determined now or postponed until after damages assessment
  2. 2 Appropriate allocation of costs given partial success and failure on key issues
  3. 3 Whether an interim payment of costs should be ordered

Ratio Decidendi

Determination of costs for the Speedy Trial is postponed until after assessment of damages for breach of Clause 21.1, as the Court of Appeal's ruling materially altered the outcome and allocation cannot be fairly made until quantum is known. No interim payment is ordered due to uncertainty regarding entitlement and amount.

Court Disposition

Costs determination for Speedy Trial postponed pending damages assessment; no interim payment ordered.

Orders

  • Costs of Speedy Trial reserved to Mr Justice Cavanagh until after damages assessment for breach of Clause 21.1.
  • Liberty to apply if circumstances change.