Kitcatt & Ors v MMS UK Holdings Ltd & Anor

Kitcatt & Ors v MMS UK Holdings Ltd & Anor

Pre-judgment interest awarded at 2% over base rate from 1 May 2014; claimants entitled to 75% of their costs from MMS; no order for costs in favour of Publicis; interest on costs at 2% over base rate only on costs actually paid; payment on account of costs set at £440,000 plus VAT; permission to appeal refused as SSC issue has no real prospect of success.

Parties
Claimant: Paul Kitcatt; Claimant: Marc Alan Nohr; Claimant: Yvonne Alexander; Claimant: Estate of Jeremy David Jonathan Shaw; Claimant: Clive Richard Mishon; Claimant: Richard Madden; Claimant: Steven Ireland; Claimant: Annette Blunden; Claimant: Lazar Dzamic; Claimant: Simon Robinson; Claimant: Jamie Tierney; Claimant: Phil Keevill; Defendant: MMS UK Holdings Limited; Defendant: Publicis Groupe SA
Jurisdiction
England and Wales
Judgment Date
10 April 2017
Procedural Posture
Commercial / Post Judgment Consequential Matters
Outcome
Judgment for claimants against MMS for £2.6 million; claim against Publicis dismissed.
Legal Topics
Pre Judgment Interest, Costs, Breach of Warranty, Agreement Interpretation, Joinder of Parties
Contract Commercial Pre Judgment Interest Costs Breach of Warranty Agreement Interpretation Joinder of Parties

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Parties

Paul Kitcatt

Claimant

Marc Alan Nohr

Claimant

Yvonne Alexander

Claimant

Estate of Jeremy David Jonathan Shaw

Claimant

Clive Richard Mishon

Claimant

Richard Madden

Claimant

Steven Ireland

Claimant

Annette Blunden

Claimant

Lazar Dzamic

Claimant

Simon Robinson

Claimant

Jamie Tierney

Claimant

Phil Keevill

Claimant

MMS UK Holdings Limited

Defendant

Publicis Groupe SA

Defendant

Procedural Posture

Commercial / Post Judgment Consequential Matters

Legal Issues

  1. 1 Rate and date for pre-judgment interest
  2. 2 Entitlement and apportionment of costs
  3. 3 Interest on costs

Ratio Decidendi

Pre-judgment interest awarded at 2% over base rate from 1 May 2014; claimants entitled to 75% of their costs from MMS; no order for costs in favour of Publicis; interest on costs at 2% over base rate only on costs actually paid; payment on account of costs set at £440,000 plus VAT; permission to appeal refused as SSC issue has no real prospect of success.

Court Disposition

Judgment for claimants against MMS for £2.6 million; claim against Publicis dismissed.

Orders

  • Pre-judgment interest at 2% over base rate from 1 May 2014.
  • Post-judgment interest at Judgments Act rate after 14 days if unpaid.