Elsevier Ltd v Munro (Supplementary Judgment)

Elsevier Ltd v Munro (Supplementary Judgment)

It would be unjust to impose an additional amount under CPR 36.14(3)(d) given the compressed timescale, proximity of the offer to trial, and the legitimate arguments advanced by the defendant; permission to appeal is refused as the grounds lack real prospect of success.

Parties
Claimant: Elsevier Limited; Defendant: Robert Munro
Jurisdiction
England and Wales
Judgment Date
31 July 2014
Procedural Posture
Civil / Supplementary Judgment Following Trial of Liability and Injunctive Relief
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, Post Termination Restraint, Part 36 Offers, Costs
Employment Law Civil Procedure Injunctions Post Termination Restraint Part 36 Offers Costs

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Elsevier Limited

Claimant

Robert Munro

Defendant

Procedural Posture

Civil / Supplementary Judgment Following Trial of Liability and Injunctive Relief

Legal Issues

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

Ratio Decidendi

It would be unjust to impose an additional amount under CPR 36.14(3)(d) given the compressed timescale, proximity of the offer to trial, and the legitimate arguments advanced by the defendant; permission to appeal is refused as the grounds lack real prospect of success.

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

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