IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) (30 August 2024)

IlliquidX Ltd v Altana Wealth Ltd & Ors [2024] EWHC 2191 (Ch) (30 August 2024)

The claimant's identification of AV Securities as a suitable custodian is so closely tied to the pleaded package of confidential information and business opportunity that it should not be struck out or summarily dismissed at this stage. The issue is factually disputed and should be determined at trial. The claimant's amendments are permitted to the extent they clarify or narrow the case, but the scope of confidential information is limited to what is set out in the 'Detail' of the annexed pleadings. The defendants' application for strike out and/or summary judgment on the AV Securities issue is refused. The claimant's application to amend is granted in part, subject to the limitations set...

Citation
[2024] EWHC 2191 (Ch)
Parties
Claimant: IlliquidX Limited; First Defendant: Altana Wealth Limited; Second Defendant: Second Defendant; Third Defendant: Third Defendant; Fourth Defendant: Fourth Defendant
Jurisdiction
England and Wales
Judgment Date
30 August 2024
Procedural Posture
Intellectual Property / Commercial / Pre Trial, Post Case Management, Interlocutory Applications
Outcome
Defendants' application for strike out and/or summary judgment on AV Securities issue refused; claimant's application to amend granted in part.
Legal Topics
Breach of Confidence, Trade Secrets, Copyright Infringement, Breach of Contract, Summary Judgment, Strike Out, Amendment of Pleadings, Disclosure

Case Brief

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Parties

IlliquidX Limited

Claimant

Altana Wealth Limited

First Defendant

Second Defendant

Second Defendant

Third Defendant

Third Defendant

Fourth Defendant

Fourth Defendant

Procedural Posture

Intellectual Property / Commercial / Pre Trial, Post Case Management, Interlocutory Applications

  1. 1 Whether the claimant's confidential information was adequately particularised and misused by the defendants
  2. 2 Whether the claimant's amendments to pleadings regarding AV Securities should be permitted
  3. 3 Whether the defendants are entitled to strike out or obtain summary judgment on the claimant's case regarding AV Securities

Ratio Decidendi

The claimant's identification of AV Securities as a suitable custodian is so closely tied to the pleaded package of confidential information and business opportunity that it should not be struck out or summarily dismissed at this stage. The issue is factually disputed and should be determined at trial. The claimant's amendments are permitted to the extent they clarify or narrow the case, but the scope of confidential information is limited to what is set out in the 'Detail' of the annexed pleadings. The defendants' application for strike out and/or summary judgment on the AV Securities issue is refused. The claimant's application to amend is granted in part, subject to the limitations set...

Court Disposition

Defendants' application for strike out and/or summary judgment on AV Securities issue refused; claimant's application to amend granted in part.

Orders

  • Claimant permitted to amend pleadings regarding AV Securities as set out in the judgment.
  • Defendants' application to strike out or summarily dismiss the AV Securities issue is refused.