Marathon Asset Management LLP & Anor v Seddon & Ors (Rev 1) [2017] EWHC 479 (Comm) (14 March 2017)

Marathon Asset Management LLP & Anor v Seddon & Ors (Rev 1) [2017] EWHC 479 (Comm) (14 March 2017)

Claimants are only entitled to nominal damages as no loss or gain was established; defendants are the successful parties for costs purposes. Part 36 offer consequences apply, and claimants must pay defendants' costs from the relevant date. Permission to appeal refused as there is no arguable error in law or fact.

Source-derived case information.

Citation
[2017] EWHC 479 (Comm)
Parties
Claimant: Marathon Asset Management LLP; Claimant: Marathon Asset Management (Services) Ltd; Defendant: James Seddon; Defendant: Louise Keeling; Defendant: Luke Bridgeman; Defendant: Julius Mort; Defendant: Jennifer Buchanan; Defendant: Global Investment Mandate
Jurisdiction
England and Wales
Judgment Date
14 March 2017
Procedural Posture
Commercial Court Claim / Post Judgment, Costs and Permission to Appeal
Outcome
Claim for substantial damages dismissed; only nominal damages awarded. Costs orders made in favour of defendants as set out.
Legal Topics
Misuse of Confidential Information, Nominal Damages, Costs Orders, Part 36 Offers, Breach of Contract, Appeal Permission
Commercial Law Employment Law Confidential Information Misuse of Confidential Information Nominal Damages Costs Orders Part 36 Offers Breach of Contract +1 more

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Summary, issues, holding and outcome

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Parties

Marathon Asset Management LLP

Claimant

Marathon Asset Management (Services) Ltd

Claimant

James Seddon

Defendant

Louise Keeling

Defendant

Luke Bridgeman

Defendant

Julius Mort

Defendant

Jennifer Buchanan

Defendant

Global Investment Mandate

Defendant

Procedural Posture

Commercial Court Claim / Post Judgment, Costs and Permission to Appeal

Legal Issues

  1. 1 Whether claimants are entitled to substantial or only nominal damages for misuse of confidential information
  2. 2 Appropriate costs orders following judgment for nominal damages
  3. 3 Effect of Part 36 settlement offers on costs

Ratio Decidendi

Claimants are only entitled to nominal damages as no loss or gain was established; defendants are the successful parties for costs purposes. Part 36 offer consequences apply, and claimants must pay defendants' costs from the relevant date. Permission to appeal refused as there is no arguable error in law or fact.

Court Disposition

Claim for substantial damages dismissed; only nominal damages awarded. Costs orders made in favour of defendants as set out.

Orders

  • Mr Bridgeman to pay claimants' costs of misuse claim incurred prior to 24 January 2014; claimants to pay Mr Bridgeman's costs thereafter, including from 25 February 2016 under Part 36.
  • Claimants to pay 50% of Mr Seddon's costs of defending the misuse claim from 16 July 2013 to 24 February 2016, and all his costs thereafter.