Cardium Law is proud to announce a resounding success in the Commercial Court for clients Henderson and Jones, a litigation funder who took on the case on behalf of a wronged businessman.

It is a standout result that reaffirms our litigation team’s expertise, strategic foresight and unwavering commitment to excellence.

Cardium acted for the Claimant bringing an assigned breach of confidence claim against Salica Investments and others. We worked with Hugh Sims KC and Jay Jagasia and secured victory on every critical front following an eight-day trial and a subsequent contested hearing on consequential matters.

Consequential Outcome: A Brilliant Follow-Up to a Brilliant Case

Our client had already secured a landmark judgment of £2.15 million in negotiating damages, with liability established against two of the four defendants. What followed was an equally impressive set of consequential rulings, led by our team’s strategic submissions and forensic case preparation:

• Interest Above Base Rate: Against the Defendants’ argument for just 1% above base rate, the court awarded interest at 5%—a rare but justified outcome reflecting the commercial realities and fortifying our client’s financial recovery.
• Offer Challenge Defeated: The Defendants attempted to undermine our Part 36 offer on technical grounds, arguing it lacked a defined “Relevant Period.” We successfully rebutted this, with the court affirming the offer’s validity based on context and conduct—confirming that our strategy was properly executed and enforceable.
• All Maximum Uplifts Awarded: The court applied every uplift available under CPR 36.17(4), including:
  • 10% Interest on Judgment from Expiry of Offer
  • Costs on the Indemnity Basis
  • 10% Interest on Costs
  • A Further £75,000 Additional Amount
• Costs on the Indemnity Basis for Entire Proceedings: By the time of the consequential hearing, the Defendants had conceded that indemnity costs were appropriate throughout, acknowledging the strength of our case and the reasonableness of our conduct.
• £927,310.55 Ordered on Account of Costs: The court also granted a significant payment on account of costs—underscoring the court’s confidence in the scale and substance of our costs claim.

Cardium’s Role: Tactical Precision, Relentless Advocacy

From the outset, our team worked closely with leading and junior counsel to navigate a highly contested and factually complex dispute involving allegations of misuse of confidential information, destruction of documents and serial failures by the Defendants to engage reasonably in the litigation process.

The Claimant, a litigation funder standing in the shoes of a wronged small businessman, faced a sophisticated and well-resourced opponent. Yet, by meticulous preparation and tactical clarity, we turned the tide—first at trial, and then in the detailed legal arguments that followed.

As Mr Justice Calver remarked, our client’s case was made “much harder to establish” due to the Defendants’ conduct, but we rose to that challenge—setting a standard for how modern litigation should be run.

Why This Matters

This result is not only a vindication for our client—it’s a demonstration of what’s possible when deep legal knowledge meets tactical execution. It reflects our firm’s commitment to getting the details right, fighting smart, and never losing sight of the bigger picture.

If you’re facing a complex commercial or business dispute and you need a team that goes beyond the expected, Cardium Law is ready to lead your case.

Cardium Law: Focused. Tactical. Relentless.

Reference

Neutral Citation Number: [2025] EWHC 838 (Comm) Case No: CL-2022-000160 in The High Court of Justice, King’s Bench Division, Business and Property Courts Of England and Wales Commercial Court.