IMG Data Ltd v Perform Content Services Ltd [2023] EWHC 3244 (Ch) (19 December 2023)

IMG Data Ltd v Perform Content Services Ltd [2023] EWHC 3244 (Ch) (19 December 2023)

The claims for inducing breach of contract and unlawful means conspiracy are arguable in law, and there is a real prospect of success; the application to strike out or for summary judgment is dismissed as the legal issues require determination at trial based on facts as found.

Citation
[2023] EWHC 3244 (Ch)
Parties
Claimant: IMG DATA LIMITED; Defendant: PERFORM CONTENT SERVICES LIMITED
Jurisdiction
England and Wales
Judgment Date
19 December 2023
Procedural Posture
Strike Out / Summary Judgment Application / Post Service of Particulars of Claim, Pre Defence
Outcome
Application dismissed
Legal Topics
Inducing Breach of Contract, Unlawful Means Conspiracy, Third Party Beneficiary Rights, Summary Judgment, Strike Out Applications
Tort Law Contract Law Civil Procedure Inducing Breach of Contract Unlawful Means Conspiracy Third Party Beneficiary Rights Summary Judgment Strike Out Applications

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Parties

IMG DATA LIMITED

Claimant

PERFORM CONTENT SERVICES LIMITED

Defendant

Procedural Posture

Strike Out / Summary Judgment Application / Post Service of Particulars of Claim, Pre Defence

Legal Issues

  1. 1 Whether a claim for inducing breach of contract can be brought by a third party beneficiary under foreign law
  2. 2 Whether the claim for unlawful means conspiracy requires instrumentality or dealing requirement
  3. 3 Adequacy of pleadings regarding third party beneficiary status under foreign law

Ratio Decidendi

The claims for inducing breach of contract and unlawful means conspiracy are arguable in law, and there is a real prospect of success; the application to strike out or for summary judgment is dismissed as the legal issues require determination at trial based on facts as found.

Court Disposition

Application dismissed

Orders

  • Application to strike out and for summary judgment dismissed
  • Permission to amend Particulars of Claim granted