HT-2021-000363 - [2025] EWHC 998 (TCC)

Fecha: 24-Abr-2025

Mrs Justice O’Farrell

Mrs Justice O’Farrell:

On 10 March 2025 the Court handed down judgment for the Claimant against the First, Second and Sixth Defendants, dismissing the claims against the Third, Fourth and Fifth Defendants [2025] EWHC 532 (TCC) (“the Judgment”).

For the reasons set out in the Judgment, the Court’s key findings were as follows:

The Second Defendant (Winsopia) was in breach of the ICA.

ii)

The First Defendant (LzLabs) and the Sixth Defendant (Mr Moores) unlawfully procured breaches of the ICA by Winsopia.

iii)

The First, Second and Sixth Defendants were liable for the tort of unlawful means conspiracy.

iv)

The claims against the Third Defendant (LzLabs UK), the Fourth Defendant (Mr Cresswell) and the Fifth Defendant (Mr Rockmann) failed.

IBM validly terminated the ICA and associated agreements pursuant to the terms of the ICA or at common law.

vi)

The claims were not contractually time-barred or statute-barred for limitation.

This is the Consequentials Hearing following hand down of the Judgment. The matters that arise for determination by the Court concern:

the ambit and terms of any injunctive relief against the First, Second and/or Sixth Defendants;

ii)

disposal and directions in respect of the quantum trial;

iii)

whether any declaratory relief should be granted;

iv)

costs, including whether there should be any stay of payments;

the Defendants’ application for permission to appeal;

vi)

whether there should be a stay in respect of any of the injunctive relief granted.

The Claimant relies on the sixteenth witness statement of Gregory Pantlin dated 1 April 2025.

The Defendants rely on the following witness statements:

the twenty-eighth witness statement of Kate Scott dated 1 April 2025;

ii)

Ms Scott’s twenty-ninth statement dated 3 April 2025;

iii)

the fifth witness statement of Thilo Rockmann dated 1 April 2025;

iv)

Mr Rockmann’s sixth statement dated 7 April 2025;

the fifth witness statement of Jan Jaeger dated 1 April 2025;

vi)

Mr Jaeger’s sixth witness statement dated 7 April 2025;

vii)

the first witness statement of Markus Liebenberg dated 1 April 2025;

viii)

the fifth witness statement of John Moores dated 1 April 2025;

ix)

Mr Moores’ sixth statement dated 7 April 2025;

the first witness statement of Bryant Burke dated 1 April 2025;

xi)

Mr Burke’s second statement dated 7 April 2025;

xii)

the first witness statement of Stefan Hartweg dated 2 April 2025;

xiii)

the first witness statement of Elizabeth Wilkerson dated 1 April 2025.