Elsevier Ltd v Munro (Supplementary Judgment) [2014] EWHC 2728 (QB) (31 July 2014)

Elsevier Ltd v Munro (Supplementary Judgment) [2014] EWHC 2728 (QB) (31 July 2014)

The damages claim was contingent and not pursued; the claim decided was non-monetary. It would be unjust to impose an additional amount under CPR 36.14(3)(d) given the compressed timescale, late receipt of witness statements, and legitimate arguments advanced by the Defendant.

Citation
[2014] EWHC 2728
Parties
Claimant: Elsevier Limited; Defendant: Robert Munro
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
High Court Civil Action / Post Trial Supplemental Judgment
Outcome
Claimant's application for additional amount under CPR 36.14(3)(d) refused; Defendant's application for permission to appeal refused.
Legal Topics
Injunctions, Post Termination Restraints, CPR Part 36 Offers, Costs
Employment Law Civil Procedure Injunctions Post Termination Restraints CPR Part 36 Offers Costs

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Parties

Elsevier Limited

Claimant

Robert Munro

Defendant

Procedural Posture

High Court Civil Action / Post Trial Supplemental Judgment

Legal Issues

  1. 1 Entitlement to additional amount under CPR 36.14(3)(d)
  2. 2 Interpretation of 'the claim' under CPR 36.14(3)(d)
  3. 3 Whether it is unjust to order additional amount

Ratio Decidendi

The damages claim was contingent and not pursued; the claim decided was non-monetary. It would be unjust to impose an additional amount under CPR 36.14(3)(d) given the compressed timescale, late receipt of witness statements, and legitimate arguments advanced by the Defendant.

Court Disposition

Claimant's application for additional amount under CPR 36.14(3)(d) refused; Defendant's application for permission to appeal refused.

Orders

  • Defendant to pay costs on indemnity basis from 1 July 2014.
  • Defendant to pay interest on costs at 4.5% above Bank of England base rate from 1 July 2014 to date of payment.