John Lobb SAS v John Lobb Ltd [2022] EWHC 2306 (Ch) (08 September 2022)

John Lobb SAS v John Lobb Ltd [2022] EWHC 2306 (Ch) (08 September 2022)

The Judge correctly concluded that the Respondent's case on common mistake was not bound to fail and had a real prospect of success; the doctrine of common mistake is not settled as requiring impossibility of performance; the 2008 Agreement does not contain a warranty or allocate risk regarding ownership; the case is unsuitable for summary determination and warrants a trial.

Citation
[2022] EWHC 2306 (Ch)
Parties
Appellant/defendant: John Lobb S.A.S; Respondent/claimant: John Lobb Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2022
Procedural Posture
Appeal / Appeal From Order Refusing Summary Judgment and Strike Out
Outcome
Appeal dismissed
Legal Topics
Common Mistake, Summary Judgment, Trade Marks, Contractual Estoppel, Limitation
Contract Law Intellectual Property Law Common Mistake Summary Judgment Trade Marks Contractual Estoppel Limitation

Case Brief

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Parties

John Lobb S.A.S

Appellant/defendant

John Lobb Limited

Respondent/claimant

Procedural Posture

Appeal / Appeal From Order Refusing Summary Judgment and Strike Out

Legal Issues

  1. 1 Whether the 2008 Agreement is void ab initio for common mistake
  2. 2 Whether the Respondent's claim should be struck out or disposed of by summary judgment
  3. 3 Whether the doctrine of common mistake requires impossibility of performance or fundamental difference

Ratio Decidendi

The Judge correctly concluded that the Respondent's case on common mistake was not bound to fail and had a real prospect of success; the doctrine of common mistake is not settled as requiring impossibility of performance; the 2008 Agreement does not contain a warranty or allocate risk regarding ownership; the case is unsuitable for summary determination and warrants a trial.

Court Disposition

Appeal dismissed

Orders

  • Application for summary judgment and strike out dismissed
  • Case to proceed to trial