Chancery Division: Judge rules in favour of Marshmallow, dismissing Mulsanne’s passing-off claim in its entirety

Mulsanne Insurance Company Ltd v Marshmallow Financial Services Ltd


Jonny Moss

Judgment has been handed down in the Chancery Division following a substantial expedited trial in this litigation between a specialist insurance company and its former intermediary.  It can be read here.

Marshmallow was represented by Jonathan Hough QC of 4 New square leading Jonathan Moss of Hogarth Chambers, instructed by Paul Joseph and Aditya Badami of Norton Rose Fulbright LLP.

Mulsanne had made numerous allegations of breach of confidence, breach of contract and passing-off against Marshmallow companies, and had pleaded a claim at over £40 million.  In its judgment, the Court has rejected the great majority of Mulsanne’s claims.  In respect of the principal claims for breach of confidence, the Judge found only “incidental, and almost accidental breaches” and acknowledged that Marshmallow was “conscientiously trying to avoid the use of Mulsanne material”.  The Judge dismissed the passing-off claim in its entirety.  There will be a further hearing which will determine whether or not the remaining claims justify a damages inquiry.