CREDICO MARKETING LIMITED & Anor v BENJAMIN GREGORY LAMBERT & Ors

CREDICO MARKETING LIMITED & Anor v BENJAMIN GREGORY LAMBERT & Ors

The determination of costs of the Speedy Trial is postponed until after the assessment of damages for breach of Clause 21.1, as the Court of Appeal's ruling significantly altered the outcome and it is not possible to determine the overall winner or make an issues-based allocation until damages are assessed.

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
Civil (commercial/contract) / Further Ruling on Costs After Appeal and Default Judgment
Outcome
Determination of costs of the Speedy Trial postponed until after assessment of damages for breach of Clause 21.1; no interim payment ordered; liberty to apply if circumstances change.
Legal Topics
Restrictive Covenants, Costs, Injunctions, Declaratory Relief, Unlawful Means Conspiracy, Unlawful Interference
Contract Law Civil Procedure Restrictive Covenants Costs Injunctions Declaratory Relief 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

Civil (commercial/contract) / Further Ruling on Costs After Appeal and Default Judgment

Legal Issues

  1. 1 Whether costs of the action up to and including the Speedy Trial should be determined now or postponed until after assessment of damages for breach of Clause 21.1
  2. 2 Whether an interim payment on account of costs should be ordered

Ratio Decidendi

The determination of costs of the Speedy Trial is postponed until after the assessment of damages for breach of Clause 21.1, as the Court of Appeal's ruling significantly altered the outcome and it is not possible to determine the overall winner or make an issues-based allocation until damages are assessed.

Court Disposition

Determination of costs of the Speedy Trial postponed until after assessment of damages for breach of Clause 21.1; no interim payment ordered; liberty to apply if circumstances change.

Orders

  • Determination of costs of the Speedy Trial reserved until after assessment of damages for breach of Clause 21.1.
  • No interim payment on account of costs ordered.