Pell Frischmann v Bow Valley [2007] JRC 155A (09 August 2007)

Pell Frischmann v Bow Valley [2007] JRC 155A (09 August 2007)

Interest on the principal sum is awarded from 28 July 1997 at Base Rate plus 1%, reflecting both the date defendants benefited from the confidential information and the claimant's delay in commencing proceedings.

Citation
[2007] JRC 155A
Parties
Claimant: Pell Frischmann; Second Defendant: Bow Valley Energy Limited; Third Defendant: PT Bakrie Interinvetindo; First Defendant: First Defendant; Fourth Defendant: Fourth Defendant
Jurisdiction
Jersey
Judgment Date
09 August 2007
Procedural Posture
Civil / Post Judgment (interest Determination)
Outcome
Interest awarded to claimant from 28 July 1997 at Base Rate plus 1% against second and third defendants; starting date for first and fourth defendants reserved for further discussion.
Legal Topics
Interest on Judgment Debts, Equitable Compensation, Confidential Information
Commercial Law Interest on Judgment Debts Equitable Compensation Confidential Information

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Parties

Pell Frischmann

Claimant

Bow Valley Energy Limited

Second Defendant

PT Bakrie Interinvetindo

Third Defendant

First Defendant

First Defendant

Fourth Defendant

Fourth Defendant

Procedural Posture

Civil / Post Judgment (interest Determination)

Legal Issues

  1. 1 Period and rate for award of interest on judgment sum for confidential information claim
  2. 2 Applicability of Interest on Debts and Damages (Jersey) Law 1996 to equitable compensation
  3. 3 Appropriate rate for pre-judgment interest

Ratio Decidendi

Interest on the principal sum is awarded from 28 July 1997 at Base Rate plus 1%, reflecting both the date defendants benefited from the confidential information and the claimant's delay in commencing proceedings.

Court Disposition

Interest awarded to claimant from 28 July 1997 at Base Rate plus 1% against second and third defendants; starting date for first and fourth defendants reserved for further discussion.

Orders

  • Second and third defendants to pay interest on £500,000 from 28 July 1997 at Base Rate plus 1%.
  • Starting date for interest against first and fourth defendants reserved for further argument.