Maroil Trading, Inc & Anor v Cally Shipholdings, Inc & Ors

Maroil Trading, Inc & Anor v Cally Shipholdings, Inc & Ors

There are real issues to be tried regarding whether the Payment Agreement was confidential at the time of the 2016 settlement, whether Defendants are liable for disclosure by a former agent, and whether public policy precludes enforcement of confidentiality. These issues are fact-sensitive and not suitable for summary determination; permission to re-amend the defence is granted and summary judgment/strike out is refused.

Parties
Claimant: Maroil Trading, Inc. and another; Defendant: Cally Shipholdings, Inc. and others
Jurisdiction
England and Wales
Judgment Date
07 November 2019
Procedural Posture
Commercial Civil Litigation / Ruling on Applications for Summary Judgment/strike Out and Permission to Re Amend Defence
Outcome
Claimants' application for summary judgment or strike out dismissed; Defendants granted permission to re-amend defence.
Legal Topics
Summary Judgment, Strike Out, Contractual Interpretation, Confidentiality Agreements, Public Domain, Agency, Public Policy, Breach of Confidence
Contract Law Confidentiality Commercial Law Summary Judgment Strike Out Contractual Interpretation Confidentiality Agreements Public Domain +3 more

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Parties

Maroil Trading, Inc. and another

Claimant

Cally Shipholdings, Inc. and others

Defendant

Procedural Posture

Commercial Civil Litigation / Ruling on Applications for Summary Judgment/strike Out and Permission to Re Amend Defence

Legal Issues

  1. 1 Whether disclosure of Payment Agreement breached 2016 settlement confidentiality provisions
  2. 2 Whether Defendants liable for disclosure by former agent/investigator
  3. 3 Whether public policy precludes enforcement of confidentiality regarding alleged wrongdoing

Ratio Decidendi

There are real issues to be tried regarding whether the Payment Agreement was confidential at the time of the 2016 settlement, whether Defendants are liable for disclosure by a former agent, and whether public policy precludes enforcement of confidentiality. These issues are fact-sensitive and not suitable for summary determination; permission to re-amend the defence is granted and summary judgment/strike out is refused.

Court Disposition

Claimants' application for summary judgment or strike out dismissed; Defendants granted permission to re-amend defence.

Orders

  • Defendants have permission to re-amend to plead public domain, capacity, and public policy points.
  • Claimants' application for summary judgment or strike out is dismissed.