Kew Green Group Limited & Anor v Jamerson Lamb & Ors

Kew Green Group Limited & Anor v Jamerson Lamb & Ors

Neither party was clearly successful or unsuccessful in the strike out/summary judgment application; the outcome was an expensive score draw. The appropriate order is no order as to the costs of the SO application. The defendants must pay the claimants' costs of the SD application on the standard basis. No indemnity costs are warranted. Costs of defending struck out claims are not severable or material in this case. All other costs are in the case unless otherwise ordered.

Parties
Claimant: Kew Green Group Limited; Claimant: Kew Green Hotel (Management) Limited; Defendant: Jameson Lamb; Defendant: Alex Pritchard; Defendant: Axiom Hospitality Limited; Defendant: Anael Peu; Defendant: Graeme Parker; Defendant: Nick O’Keeffe; Defendant: JLAP Investments Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Post Interlocutory, Consequential Matters After Summary Judgment/strike Out Application
Outcome
No order as to costs of the strike out/summary judgment application; defendants to pay claimants' costs of the disclosure application on the standard basis; all other costs in the case unless otherwise ordered.
Legal Topics
Strike Out Applications, Summary Judgment, Fiduciary Duties, Costs Orders, Breach of Contract, Post Employment Competition, Disclosure Applications
Employment Law Commercial Law Civil Procedure Strike Out Applications Summary Judgment Fiduciary Duties Costs Orders Breach of Contract +2 more

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Parties

Kew Green Group Limited

Claimant

Kew Green Hotel (Management) Limited

Claimant

Jameson Lamb

Defendant

Alex Pritchard

Defendant

Axiom Hospitality Limited

Defendant

Anael Peu

Defendant

Graeme Parker

Defendant

Nick O’Keeffe

Defendant

JLAP Investments Limited

Defendant

Procedural Posture

Civil / Post Interlocutory, Consequential Matters After Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether certain paragraphs of the Particulars of Claim should be struck out or subject to summary judgment
  2. 2 Appropriate costs orders following partial success on strike out/summary judgment application
  3. 3 Whether indemnity costs should be awarded for a withdrawn disclosure application

Ratio Decidendi

Neither party was clearly successful or unsuccessful in the strike out/summary judgment application; the outcome was an expensive score draw. The appropriate order is no order as to the costs of the SO application. The defendants must pay the claimants' costs of the SD application on the standard basis. No indemnity costs are warranted. Costs of defending struck out claims are not severable or material in this case. All other costs are in the case unless otherwise ordered.

Court Disposition

No order as to costs of the strike out/summary judgment application; defendants to pay claimants' costs of the disclosure application on the standard basis; all other costs in the case unless otherwise ordered.

Orders

  • Paragraphs 23.2A, 38 (in part), 42, 50, 53, and 54 of the Particulars of Claim struck out
  • No order as to costs of the SO application