020 7405 4321

Nekoti Limited -and- Univilla Limited t/a Consol [2016] EWHC 556 (Ch)

Case Summary  |  Judgment  |  15 March 2016


Quentin Cregan (instructed by TLT LLP) acted for the Defendant in its successful application to strike out the Claimant’s particulars of claim with indemnity costs.

The Claimant was a software developer who had supplied software to the Defendant. The Claimant issued proceedings in November 2013 wide ranging and extensive damages and/or an account of profits under a number of heads, including copyright. The Defendant argued that the Claimant had failed to set out a coherent case with any reasonable basis, let alone a reasonable prospect of success, and that it should be released from the litigation without having to incur further expense dealing with ill-founded allegations.

Chief Master Marsh struck out the particulars of claim as an abuse of process under CPR r.3.4(2)(a) and r.3.4(2)(b) and under the overriding objective.