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 claim was non-monetary as the damages claim was only ever contingent and not pursued; however, given the compressed timescale, late provision of witness statements, and the legitimate arguments advanced by the defendant, it would be unjust to impose an additional amount under CPR 36.14(3)(d)(ii).

Citation
[2014] EWHC 2728 (QB)
Parties
Claimant: Elsevier Limited; Defendant: Robert Munro
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Employment Contract Dispute (injunction) / Post Trial, Supplemental Judgment on Consequential Orders
Outcome
Claimant's application for an additional amount under CPR 36.14(3)(d) refused; defendant's application for permission to appeal refused.
Legal Topics
Injunctions, Restrictive Covenants, Part 36 Offers, Costs Consequences
Employment Law Civil Procedure Injunctions Restrictive Covenants Part 36 Offers Costs Consequences

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Parties

Elsevier Limited

Claimant

Robert Munro

Defendant

Procedural Posture

Employment Contract Dispute (injunction) / Post Trial, Supplemental Judgment on Consequential Orders

Legal Issues

  1. 1 Whether the claimant is entitled to an additional amount under CPR 36.14(3)(d)
  2. 2 Whether it would be unjust to order the defendant to pay an additional amount under CPR 36.14(3)(d)
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The claim was non-monetary as the damages claim was only ever contingent and not pursued; however, given the compressed timescale, late provision of witness statements, and the legitimate arguments advanced by the defendant, it would be unjust to impose an additional amount under CPR 36.14(3)(d)(ii).

Court Disposition

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

Orders

  • No order for additional amount under CPR 36.14(3)(d)
  • Defendant to pay costs on the indemnity basis and interest at 4.5% above base rate from 1 July 2014