Clayton Recruitment Limited v James Wilson & Anor.

The claimant was entitled to 55% of its costs because it established clear contractual entitlements regarding LinkedIn connections and was justified in seeking interim relief, but the demands were somewhat excessive and policy considerations warranted a partial costs order to avoid discouraging settlements.

Parties: Claimant: Clayton Recruitment Limited; Defendant: James Wilson; Defendant: Wilson Mannion Recruitment Limited
Jurisdiction: England and Wales
Judgment Date: 05 May 2022
Procedural Posture: Civil / Costs Determination Following Compromise of Interim Application
Outcome: Partial costs order in favour of claimant
Legal Topics: Confidential Information, Restrictive Covenants, Social Media Accounts, Costs Orders, Interim Relief

Employment Law Contract Law Confidential Information Restrictive Covenants Social Media Accounts Costs Orders Interim Relief

Case Brief

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Parties

Clayton Recruitment Limited

Claimant

James Wilson

Defendant

Wilson Mannion Recruitment Limited

Defendant

Procedural Posture

Civil / Costs Determination Following Compromise of Interim Application

Legal Issues

1 Whether the claimant is entitled to its costs of the interim application after compromise of substantive relief
2 Whether the defendant was contractually obliged to delete LinkedIn connections and provide account password
3 Whether the claimant acted reasonably in bringing the application

Ratio Decidendi

Court Disposition

Partial costs order in favour of claimant

Orders

Defendants to pay 55% of claimant's costs of the application, assessed at £13,750, within 28 days
Each party to bear its own costs of the costs hearing