Phaestos Ltd & Anor v Ho [2012] EWHC 635 (TCC) (05 March 2012)

Phaestos Ltd & Anor v Ho [2012] EWHC 635 (TCC) (05 March 2012)

The court refused to split liability and quantum due to the claimants' failure to provide clear and adequate particulars of their quantum claims, and because quantum issues are intertwined with liability, especially in bonus and breach allegations.

Citation
[2012] EWHC 635 (TCC)
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 / Interlocutory Application Regarding Split of Liability and Quantum
Outcome
Application to split liability and quantum refused
Legal Topics
Split Trial of Liability and Quantum, Breach of Contract, Bonus Entitlement, Confidentiality Obligations, Quantum Particularisation
Employment Contract Commercial Split Trial of Liability and Quantum Breach of Contract Bonus Entitlement Confidentiality Obligations Quantum Particularisation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Phaestos Limited

Claimant

Mindimaxnox LLP

Claimant

IKOS CIF Limited

Claimant

Peter Ho

Defendant

Tobin Maxwell ('Sam') Gover

Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Split of Liability and Quantum

Legal Issues

  1. 1 Should liability and quantum be split for trial?
  2. 2 Adequacy of quantum particularisation by claimants
  3. 3 Interrelation of liability and quantum in bonus and breach claims

Ratio Decidendi

The court refused to split liability and quantum due to the claimants' failure to provide clear and adequate particulars of their quantum claims, and because quantum issues are intertwined with liability, especially in bonus and breach allegations.

Court Disposition

Application to split liability and quantum refused

Orders

  • Claimants must provide comprehensive and comprehensible quantum particulars
  • No split of liability and quantum at this stage