Insurance Medical Reporting Ltd & Anor v Your Lawyers Ltd

Insurance Medical Reporting Ltd & Anor v Your Lawyers Ltd

The issues of construction of the information clause, the reasonableness and proportionality of the information sought, and whether the defendant is in breach of its obligations require factual investigation and are unsuitable for summary determination. The claimants are not entitled to summary judgment for an account or the information sought under either the express contractual term or the implied term.

Parties
Claimant: Insurance Medical Reporting Limited; Claimant: Capita Medical Limited; Defendant: Your Lawyers Limited
Jurisdiction
England and Wales
Judgment Date
03 July 2018
Procedural Posture
Civil (contractual Dispute) / Summary Judgment Application
Outcome
Summary judgment refused
Legal Topics
Summary Judgment, Interpretation of Contractual Terms, Obligations to Provide Information, Reasonable Endeavours Clauses
Contract Law Civil Procedure Summary Judgment Interpretation of Contractual Terms Obligations to Provide Information Reasonable Endeavours Clauses

Case Brief

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Parties

Insurance Medical Reporting Limited

Claimant

Capita Medical Limited

Claimant

Your Lawyers Limited

Defendant

Procedural Posture

Civil (contractual Dispute) / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is contractually obliged to provide the information sought by the claimants under clause 4.1.2 of the supply terms ('the information clause')
  2. 2 Whether the claimants are entitled to summary judgment for an account or information under the contract or an implied term
  3. 3 Whether the information sought is reasonable and proportionate under the contract or implied term

Ratio Decidendi

The issues of construction of the information clause, the reasonableness and proportionality of the information sought, and whether the defendant is in breach of its obligations require factual investigation and are unsuitable for summary determination. The claimants are not entitled to summary judgment for an account or the information sought under either the express contractual term or the implied term.

Court Disposition

Summary judgment refused