Marathon Asset Management LLP and another v Seddon and others

Practice – Summary judgment. The Commercial Court dismissed the sixth defendant's application for summary judgment on its counterclaim for sums allegedly due from the claimants under a consultancy agreement. The sixth defendant had alleged that the claimants' acceptance of a CPR Pt 36 offer of settlement in respect of the claimants' common design claim, alleging that the defendant former employees had set up a competing business, meant that the claimants had no reasonable prospect of successfully defending the counterclaim. The court held that on the true construction of offer letter, the defence put forward to the counterclaim had not been affected by the settlement of the common design claim.

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