Marathon Asset Management LLP & Anor v Seddon & Ors (Rev 1)

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

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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

  1. 1 Liability for misuse of confidential information
  2. 2 Entitlement to damages
  3. 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.