J Levison Services Ltd & Anor v Medivet Group Ltd [2025] EWHC 1390 (Ch) (28 February 2025)
Mr Levison remained employed by Medivet until at least 31 May 2022, satisfying the Employment Condition for payment of the Equity Price Balance. The evidence from Claimants' witnesses was preferred over Medivet's, and contemporaneous documents did not conclusively establish an earlier termination. Medivet's offer to pay Partnership Monies and Retention Monies did not constitute payment before proceedings, so claims for interest are not an abuse of process. Interest is payable on Retention Monies as per SPA, but not on Partnership Monies absent contractual provision.
- Citation
- [2025] EWHC 1390 (Ch)
- Parties
- First Claimant: J Levison Services Ltd; Second Claimant: J H Levison (Holdings) Ltd; Defendant: Medivet Group Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2025
- Procedural Posture
- Commercial Contract Dispute / Post Trial Judgment
- Outcome
- Claim for Equity Price Balance succeeds; Claim for interest on Retention Monies succeeds; Claim for interest on Partnership Monies dismissed; Abuse of process argument rejected.
- Legal Topics
- Share Sale Agreements, Employment Termination, Time Off in Lieu, Interest on Late Payments, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
J Levison Services Ltd
First Claimant
J H Levison (Holdings) Ltd
Second Claimant
Medivet Group Ltd
Defendant
Procedural Posture
Commercial Contract Dispute / Post Trial Judgment
Legal Issues
- 1 Whether Mr Levison remained employed by Medivet on 31 May 2022 for entitlement to Equity Price Balance
- 2 Entitlement to interest on Partnership Monies and Retention Monies
- 3 Abuse of process regarding claims for sums already offered
Ratio Decidendi
Mr Levison remained employed by Medivet until at least 31 May 2022, satisfying the Employment Condition for payment of the Equity Price Balance. The evidence from Claimants' witnesses was preferred over Medivet's, and contemporaneous documents did not conclusively establish an earlier termination. Medivet's offer to pay Partnership Monies and Retention Monies did not constitute payment before proceedings, so claims for interest are not an abuse of process. Interest is payable on Retention Monies as per SPA, but not on Partnership Monies absent contractual provision.
Court Disposition
Claim for Equity Price Balance succeeds; Claim for interest on Retention Monies succeeds; Claim for interest on Partnership Monies dismissed; Abuse of process argument rejected.
Orders
- Medivet to pay First Claimant £1,018,434 plus applicable interest for Equity Price Balance.
- Medivet to pay Second Claimant contractual interest on Retention Monies from 6 November 2023 to 19 December 2023.
Full Case Text
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