IMG Data Limited v Perform Content Services Limited

IMG Data Limited v Perform Content Services Limited

The claims for inducing breach of contract and unlawful means conspiracy are arguable in law, particularly given the possibility that the Claimant is a third party beneficiary under foreign law and the unsettled scope of the dealing and instrumentality requirements in unlawful means conspiracy. The application to strike out or for summary judgment is dismissed as the claims have a real prospect of success and should be determined at trial on the facts as found.

Parties
Claimant: IMG Data Limited; Defendant: Perform Content Services Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Application to Strike Out or for Summary Judgment Before Service of 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 Inducing Breach of Contract Unlawful Means Conspiracy Third Party Beneficiary Rights Summary Judgment Strike Out Applications

Case Brief

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Parties

IMG Data Limited

Claimant

Perform Content Services Limited

Defendant

Procedural Posture

Civil / Application to Strike Out or for Summary Judgment Before Service of 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 the dealing or instrumentality requirement
  3. 3 Whether the pleadings disclose a reasonable cause of action or real prospect of success

Ratio Decidendi

The claims for inducing breach of contract and unlawful means conspiracy are arguable in law, particularly given the possibility that the Claimant is a third party beneficiary under foreign law and the unsettled scope of the dealing and instrumentality requirements in unlawful means conspiracy. The application to strike out or for summary judgment is dismissed as the claims have a real prospect of success and should be determined at trial on the facts as found.

Court Disposition

Application dismissed

Orders

  • The Defendant's application to strike out or for summary judgment is dismissed.