Media Entertainment NV v Karyagdyyev & Anor

Media Entertainment NV v Karyagdyyev & Anor

The claim for damages is struck out for failure to plead knowledge of misuse or lack of authority as required by CPR and Practice Direction 16; injunctive and declaratory relief claims survive as knowledge is not required for their grant; the phrase 'so far as the Claimant is aware' is improper and struck out; summary judgment is refused on injunctive and declaratory relief due to factual disputes and discretion.

Parties
Claimant: Media Entertainment NV; First Defendant: Sapar Karyagdyyev; Second Defendant: Alfonso Gonzalez Garcia
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Civil / Ruling on Strike Out and Summary Judgment Applications
Outcome
Claim for damages struck out; claims for injunctions and declarations allowed to proceed; improper pleading phrase struck out; summary judgment refused on surviving claims.
Legal Topics
Breach of Confidence, Pleading Requirements, Summary Judgment, Injunctions, Damages, Knowledge Requirement, Equitable Fraud
Equity Confidentiality Civil Procedure Breach of Confidence Pleading Requirements Summary Judgment Injunctions Damages +2 more

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Parties

Media Entertainment NV

Claimant

Sapar Karyagdyyev

First Defendant

Alfonso Gonzalez Garcia

Second Defendant

Procedural Posture

Civil / Ruling on Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claimant's particulars of claim sufficiently plead knowledge of misuse of confidential information to sustain a claim for damages
  2. 2 Whether the claim for injunctive relief and declarations can proceed absent pleaded knowledge of misuse
  3. 3 Whether the phrase 'so far as the Claimant is aware' in the pleadings is proper

Ratio Decidendi

The claim for damages is struck out for failure to plead knowledge of misuse or lack of authority as required by CPR and Practice Direction 16; injunctive and declaratory relief claims survive as knowledge is not required for their grant; the phrase 'so far as the Claimant is aware' is improper and struck out; summary judgment is refused on injunctive and declaratory relief due to factual disputes and discretion.

Court Disposition

Claim for damages struck out; claims for injunctions and declarations allowed to proceed; improper pleading phrase struck out; summary judgment refused on surviving claims.

Orders

  • Paragraph 54 and Prayer (3) of the Amended Particulars of Claim struck out (damages claim)
  • Phrase 'so far as the Claimant is aware' struck out from paragraph 41 of the Amended Particulars of Claim