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 of the Speedy Trial is postponed until after assessment of damages for breach of Clause 21.1, due to significant change in litigation outcome following Court of Appeal judgment and inability to allocate costs fairly at this stage.

Citation
[2022] EWHC 2114 (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
08 August 2022
Procedural Posture
Commercial Litigation / Post Appeal, Costs Determination Pending Damages Assessment
Outcome
Costs determination reserved; no interim payment ordered.
Legal Topics
Restrictive Covenants, Costs, Injunctions, Declaratory Relief, Unlawful Means Conspiracy, Unlawful Interference, Confidential Information
Contract Law Commercial Law Civil Procedure Restrictive Covenants Costs Injunctions Declaratory Relief Unlawful Means Conspiracy +2 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 Litigation / Post Appeal, Costs Determination Pending Damages Assessment

Legal Issues

  1. 1 Enforceability and breach of pre-termination restrictive covenant (Clause 21.1)
  2. 2 Enforceability of post-termination restrictive covenant (Clause 21.2)
  3. 3 Binding nature of Undertakings

Ratio Decidendi

Determination of costs of the Speedy Trial is postponed until after assessment of damages for breach of Clause 21.1, due to significant change in litigation outcome following Court of Appeal judgment and inability to allocate costs fairly at this stage.

Court Disposition

Costs determination reserved; no interim payment ordered.

Orders

  • Determination of costs of Speedy Trial postponed until after damages assessment for breach of Clause 21.1.
  • Parties given liberty to apply if circumstances change.