Argus Media Ltd v Halim [2019] EWHC 215 (QB) (07 February 2019)

Argus Media Ltd v Halim [2019] EWHC 215 (QB) (07 February 2019)

Argus Media Limited was substantially successful and is entitled to 90% of its costs on the standard basis. Indemnity costs are not justified as Dr Halim's conduct was not outside the norm. The application for an interim payment on account of costs is adjourned due to uncertainties regarding Dr Halim's means and the ongoing nature of the proceedings. Directions for quantum and preservation of evidence are given.

Citation
[2019] EWHC 215
Parties
Claimant: Argus Media Limited; Defendant: Mounir Halim
Jurisdiction
England and Wales
Judgment Date
07 February 2019
Procedural Posture
Employment/restrictive Covenants / Post Trial, Consequential Applications (costs, Directions, Permission to Appeal)
Outcome
Claimant awarded 90% of its costs on the standard basis; interim payment application adjourned; directions for quantum and preservation of evidence ordered; permission to appeal refused.
Legal Topics
Restrictive Covenants, Costs, Injunctions, Confidential Information, Restraint of Trade
Employment Law Civil Procedure Restrictive Covenants Costs Injunctions Confidential Information Restraint of Trade

Case Brief

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Parties

Argus Media Limited

Claimant

Mounir Halim

Defendant

Procedural Posture

Employment/restrictive Covenants / Post Trial, Consequential Applications (costs, Directions, Permission to Appeal)

Legal Issues

  1. 1 Whether Clause 17.4 of the employment contract is void for restraint of trade
  2. 2 Entitlement to costs and basis of assessment
  3. 3 Appropriateness of interim payment on account of costs

Ratio Decidendi

Argus Media Limited was substantially successful and is entitled to 90% of its costs on the standard basis. Indemnity costs are not justified as Dr Halim's conduct was not outside the norm. The application for an interim payment on account of costs is adjourned due to uncertainties regarding Dr Halim's means and the ongoing nature of the proceedings. Directions for quantum and preservation of evidence are given.

Court Disposition

Claimant awarded 90% of its costs on the standard basis; interim payment application adjourned; directions for quantum and preservation of evidence ordered; permission to appeal refused.

Orders

  • Dr Halim to pay 90% of Argus Media Limited's costs, assessed on the standard basis.
  • Dr Halim to pay 60% of the costs of reserved applications relating to disclosure, rejoinder, and further information.