Mariya Vasilyevna Lish v The Northern Block Limited & Anor

Mariya Vasilyevna Lish v The Northern Block Limited & Anor

The Unpaid Royalties Claim was not an abuse of process because it was not pleaded or settled in the Newcastle Claim, involved distinct issues and remedies, and the Defendants settled the Newcastle Claim knowing the claim had been asserted but not pleaded. The Infringements Claim was an abuse of process because it involved the same issues and remedies as the Newcastle Claim, could have been raised before settlement, and its omission and subsequent pursuit amounted to unjust harassment and undermined finality.

Parties
Claimant/appellant: Mariya Vasilyevna Lish; First Defendant/respondent: The Northern Block Limited; Second Defendant/respondent: Jonathan Hill
Jurisdiction
England and Wales
Judgment Date
27 April 2026
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Claims as Abuse of Process
Outcome
Appeal allowed in part; Unpaid Royalties Claim reinstated, Infringements Claim struck out
Legal Topics
Abuse of Process, Res Judicata, Copyright Infringement, Contractual Royalties, Settlement Agreements
Civil Procedure Contract Law Intellectual Property Abuse of Process Res Judicata Copyright Infringement Contractual Royalties Settlement Agreements

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Parties

Mariya Vasilyevna Lish

Claimant/appellant

The Northern Block Limited

First Defendant/respondent

Jonathan Hill

Second Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Claims as Abuse of Process

Legal Issues

  1. 1 Whether the Unpaid Royalties Claim was an abuse of process and should have been struck out
  2. 2 Whether the Infringements Claim was an abuse of process and should have been struck out

Ratio Decidendi

The Unpaid Royalties Claim was not an abuse of process because it was not pleaded or settled in the Newcastle Claim, involved distinct issues and remedies, and the Defendants settled the Newcastle Claim knowing the claim had been asserted but not pleaded. The Infringements Claim was an abuse of process because it involved the same issues and remedies as the Newcastle Claim, could have been raised before settlement, and its omission and subsequent pursuit amounted to unjust harassment and undermined finality.

Court Disposition

Appeal allowed in part; Unpaid Royalties Claim reinstated, Infringements Claim struck out

Orders

  • The appeal is allowed in relation to the Unpaid Royalties Claim; that claim is reinstated and may proceed.
  • The appeal is dismissed in relation to the Infringements Claim; that claim remains struck out.