Arkeyo LLC v Metro Bank PLC [2024] EWHC 3182 (Ch) (06 November 2024)

Arkeyo LLC v Metro Bank PLC [2024] EWHC 3182 (Ch) (06 November 2024)

Permission for Mr Taney to represent Arkeyo LLC is refused because his employment arrangement is primarily to conduct litigation and advocacy in England as a US attorney, which are reserved legal activities under the Legal Services Act 2007. He is not authorised by an approved regulator, and granting permission would risk illegality and breach of public policy. Mr Tustin, as a director, is permitted to represent Arkeyo at the CMC.

Citation
[2024] EWHC 3182 (Ch)
Parties
Claimant/applicant: Arkeyo LLC; Defendant/respondent: Metro Bank PLC
Jurisdiction
England and Wales
Judgment Date
06 November 2024
Procedural Posture
Intellectual Property Claim / Case Management Conference
Outcome
Application for permission for Mr Taney to represent Arkeyo LLC refused; permission granted to Mr Tustin to represent Arkeyo at the CMC.
Legal Topics
Company Representation, Copyright Infringement, Confidential Information, Trade Secrets, Legal Services Act 2007, Case Management
Intellectual Property Civil Procedure Company Representation Copyright Infringement Confidential Information Trade Secrets Legal Services Act 2007 Case Management

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Parties

Arkeyo LLC

Claimant/applicant

Metro Bank PLC

Defendant/respondent

Procedural Posture

Intellectual Property Claim / Case Management Conference

Legal Issues

  1. 1 Whether Arkeyo LLC may be represented by an employee (Mr Taney) at the CMC under CPR 39.6
  2. 2 Legality and propriety of Mr Taney's employment and remuneration arrangement
  3. 3 Compliance with Legal Services Act 2007 regarding rights of audience and conduct of litigation

Ratio Decidendi

Permission for Mr Taney to represent Arkeyo LLC is refused because his employment arrangement is primarily to conduct litigation and advocacy in England as a US attorney, which are reserved legal activities under the Legal Services Act 2007. He is not authorised by an approved regulator, and granting permission would risk illegality and breach of public policy. Mr Tustin, as a director, is permitted to represent Arkeyo at the CMC.

Court Disposition

Application for permission for Mr Taney to represent Arkeyo LLC refused; permission granted to Mr Tustin to represent Arkeyo at the CMC.

Orders

  • Permission for Mr Tustin to represent Arkeyo LLC at the CMC, including retrospective permission for the application.
  • No firm directions given; further discussion between parties and court required.