Phaestos Ltd & Anor v Ho

Phaestos Ltd & Anor v Ho

The court refused to order a split trial of liability and quantum because the claimants had failed to provide adequate and clear particulars of their quantum claims, and many of the liability issues were closely intertwined with quantum matters, making a split inappropriate at this stage.

Parties
Claimant: Phaestos Limited; Claimant: Mindimaxnox LLP; Claimant: IKOS CIF Limited; Defendant: Peter Ho; Defendant: Tobin Maxwell ("Sam") Gover
Jurisdiction
England and Wales
Judgment Date
05 March 2012
Procedural Posture
Civil (employment/commercial) / Interlocutory Application Regarding Split Trial of Liability and Quantum
Outcome
Application for split trial of liability and quantum refused
Legal Topics
Split Trial (liability and Quantum), Particularisation of Quantum, Employment Termination, Bonus and Profit Share Claims, Breach of Contract, Confidentiality Obligations
Employment Law Contract Law Commercial Law Split Trial (liability and Quantum) Particularisation of Quantum Employment Termination Bonus and Profit Share Claims Breach of Contract +1 more

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Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell ("Sam") Gover

Defendant

Procedural Posture

Civil (employment/commercial) / Interlocutory Application Regarding Split Trial of Liability and Quantum

Legal Issues

  1. 1 Whether to order a split trial of liability and quantum
  2. 2 Adequacy of claimants' particularisation of quantum
  3. 3 Interrelationship between liability and quantum in pleaded claims

Ratio Decidendi

The court refused to order a split trial of liability and quantum because the claimants had failed to provide adequate and clear particulars of their quantum claims, and many of the liability issues were closely intertwined with quantum matters, making a split inappropriate at this stage.

Court Disposition

Application for split trial of liability and quantum refused

Orders

  • No split of liability and quantum; both to be tried together
  • Claimants to provide comprehensive and comprehensible particulars of their quantum claims