Kynixa Ltd v Hynes & Ors

Claimant was successful against all defendants on core issues; costs awarded to Claimant with adjustments reflecting discrete successes of defendants; permission to amend pleadings granted for non-disclosure issue due to exceptional circumstances.

Parties: Claimant: Kynixa Limited; First Defendant: Martin Hynes; Second Defendant: Sarah Preston; Third Defendant: Heather Smith
Jurisdiction: England and Wales
Judgment Date: 15 July 2008
Procedural Posture: Civil / Post Liability Judgment, Costs Determination
Outcome: Costs awarded to Claimant with adjustments; permission to amend pleadings granted; permission to appeal refused.
Legal Topics: Breach of Contract, Fiduciary Duty, Costs, Shareholder Agreement, Duty of Fidelity, Injunctive Relief

Contract Law Company Law Employment Law Breach of Contract Fiduciary Duty Costs Shareholder Agreement Duty of Fidelity +1 more

Case Brief

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Parties

Kynixa Limited

Claimant

Martin Hynes

First Defendant

Sarah Preston

Second Defendant

Heather Smith

Third Defendant

Procedural Posture

Civil / Post Liability Judgment, Costs Determination

Legal Issues

1 Whether each defendant breached contract terms
2 Whether First and Second Defendants breached fiduciary duties
3 Appropriate allocation of costs following liability judgment

Ratio Decidendi

Court Disposition

Costs awarded to Claimant with adjustments; permission to amend pleadings granted; permission to appeal refused.

Orders

First Defendant to pay Claimant costs of and incidental to liability issues, excluding issues not concerning him.
Second Defendant to pay Claimant costs of and incidental to liability issues except for issues discussed in paragraphs 322-354; Claimant to pay Second Defendant costs for those issues; set-off to apply.