IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 3015 (TCC) (29 November 2023)

IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 3015 (TCC) (29 November 2023)

The court held that the claimant's applications for adjournment and extension of the timetable were justified only to a limited extent, granting a short extension and increasing the trial estimate but refusing a full adjournment. The proposed amendments to pleadings and joinder of Mr Moores as a defendant were permitted, but only for claims not statute-barred, with appropriate undertakings and clarifications to avoid prejudice to limitation defences. The estoppel plea was not struck out as it was not bound to fail. The amendments were not considered very late in the context of the case's complexity and ongoing disclosure.

Citation
[2023] EWHC 3015 (TCC)
Parties
Claimant: IBM United Kingdom Limited; First Defendant: LZLABS GmbH; Second Defendant: Winsopia Limited; Third Defendant: LZLABS Limited; Fourth Defendant: Mark Jonathan Cresswell; Fifth Defendant: Thilo Rockmann; Proposed Defendant: John Jay Moores
Jurisdiction
England and Wales
Judgment Date
29 November 2023
Procedural Posture
Commercial Technology Dispute / Interlocutory Applications Before Trial
Outcome
Applications granted in part and refused in part
Legal Topics
Breach of Software Licence, Procurement of Breach of Contract, Unlawful Means Conspiracy, Limitation of Actions, Amendment of Pleadings, Joinder of Parties, Case Management, Expert Evidence
Contract Law Intellectual Property Law Civil Procedure Breach of Software Licence Procurement of Breach of Contract Unlawful Means Conspiracy Limitation of Actions Amendment of Pleadings +3 more

Case Brief

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Parties

IBM United Kingdom Limited

Claimant

LZLABS GmbH

First Defendant

Winsopia Limited

Second Defendant

LZLABS Limited

Third Defendant

Mark Jonathan Cresswell

Fourth Defendant

Thilo Rockmann

Fifth Defendant

John Jay Moores

Proposed Defendant

Procedural Posture

Commercial Technology Dispute / Interlocutory Applications Before Trial

Legal Issues

  1. 1 Whether to adjourn the trial and revise the timetable
  2. 2 Whether to permit amendments to pleadings and joinder of a new defendant
  3. 3 Whether to strike out parts of the reply

Ratio Decidendi

The court held that the claimant's applications for adjournment and extension of the timetable were justified only to a limited extent, granting a short extension and increasing the trial estimate but refusing a full adjournment. The proposed amendments to pleadings and joinder of Mr Moores as a defendant were permitted, but only for claims not statute-barred, with appropriate undertakings and clarifications to avoid prejudice to limitation defences. The estoppel plea was not struck out as it was not bound to fail. The amendments were not considered very late in the context of the case's complexity and ongoing disclosure.

Court Disposition

Applications granted in part and refused in part

Orders

  • Extension of time for claimant's expert reports to 5 January 2024
  • Revised procedural timetable set, including new trial start date of 22 April 2024 and increased hearing estimate to 32 days