IBM United Kingdom Limited v LZLabs GmbH & Ors

IBM United Kingdom Limited v LZLabs GmbH & Ors

Claimant established multiple breaches of contract and tort by First, Second, and Sixth Defendants, entitling it to broad injunctive relief, delivery up/destruction of ICA Programs, prohibition on marketing/sale of SDM, declaratory relief on lawful termination, and costs on standard basis. Stay of injunctive relief granted pending appeal due to balance of hardship; permission to appeal refused for lack of real prospect of success.

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; Sixth Defendant: John Jay Moores
Jurisdiction
England and Wales
Judgment Date
24 April 2025
Procedural Posture
Commercial Litigation / Post Liability Judgment, Consequentials Hearing
Outcome
Claimant succeeds against First, Second, and Sixth Defendants; claims against Third, Fourth, and Fifth Defendants dismissed.
Legal Topics
Breach of Contract, Procurement of Breach, Unlawful Means Conspiracy, Injunctive Relief, Declaratory Relief, Costs, Stay Pending Appeal
Contract Law Tort Law Intellectual Property Civil Procedure Breach of Contract Procurement of Breach Unlawful Means Conspiracy Injunctive Relief +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

Sixth Defendant

Procedural Posture

Commercial Litigation / Post Liability Judgment, Consequentials Hearing

Legal Issues

  1. 1 Scope and terms of injunctive relief
  2. 2 Quantum trial directions
  3. 3 Declaratory relief on contract termination

Ratio Decidendi

Claimant established multiple breaches of contract and tort by First, Second, and Sixth Defendants, entitling it to broad injunctive relief, delivery up/destruction of ICA Programs, prohibition on marketing/sale of SDM, declaratory relief on lawful termination, and costs on standard basis. Stay of injunctive relief granted pending appeal due to balance of hardship; permission to appeal refused for lack of real prospect of success.

Court Disposition

Claimant succeeds against First, Second, and Sixth Defendants; claims against Third, Fourth, and Fifth Defendants dismissed.

Orders

  • Injunctive relief against First, Second, and Sixth Defendants prohibiting marketing/sale of SDM and use of information derived from ICA breaches.
  • Delivery up/destruction of ICA Programs supervised by independent forensic IT firm.