Marathon Asset Management LLP & Anor v Seddon & Ors (Rev 1)
Marathon failed to prove any loss or gain from defendants' misuse of confidential information, so only nominal damages were awarded; defendants are the successful parties for costs purposes; Part 36 offer consequences apply; permission to appeal refused due to lack of arguable error or prospect of success.
- 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 / Post Judgment Consequential Issues
- Outcome
- Nominal damages awarded to claimants; defendants are successful parties for costs; permission to appeal refused.
- Legal Topics
- Misuse of Confidential Information, Nominal Damages, Costs, Interest on Costs, Permission to Appeal
Case Brief
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 / Post Judgment Consequential Issues
Legal Issues
- 1 Liability for misuse of confidential information
- 2 Entitlement to damages
- 3 Allocation of costs
Ratio Decidendi
Marathon failed to prove any loss or gain from defendants' misuse of confidential information, so only nominal damages were awarded; defendants are the successful parties for costs purposes; Part 36 offer consequences apply; permission to appeal refused due to lack of arguable error or prospect of success.
Court Disposition
Nominal damages awarded to claimants; defendants are successful parties for costs; permission to appeal refused.
Orders
- Mr Bridgeman to pay Marathon’s costs of misuse claim incurred prior to 24 January 2014; Marathon to pay Mr Bridgeman’s costs after that date.
- Marathon to pay 50% of Mr Seddon’s costs of defending misuse claim from 16 July 2013 to 24 February 2016, and all his costs thereafter.
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