Arkeyo LLC v Metro Bank PLC

Arkeyo LLC v Metro Bank PLC

Permission for Mr Taney to represent Arkeyo is refused because his appointment is specifically to conduct litigation in England as a US attorney, which would involve him carrying out reserved legal activities without authorisation, contrary to the Legal Services Act 2007 and public policy. Permission is granted to Mr Tustin, a director, to represent Arkeyo at this CMC.

Parties
Claimant/applicant: Arkeyo LLC; Defendant/respondent: Metro Bank PLC
Jurisdiction
England and Wales
Judgment Date
19 December 2024
Procedural Posture
Intellectual Property / Case Management Conference (cmc) Application for Company Representation by Employee
Outcome
Application for permission for Mr Taney to represent Arkeyo refused; permission granted to Mr Tustin to represent Arkeyo at this CMC.
Legal Topics
Company Representation in Court, Rights of Audience, Copyright Infringement, Misuse of Confidential Information, Disclosure Obligations
Intellectual Property Civil Procedure Company Representation in Court Rights of Audience Copyright Infringement Misuse of Confidential Information Disclosure Obligations

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Parties

Arkeyo LLC

Claimant/applicant

Metro Bank PLC

Defendant/respondent

Procedural Posture

Intellectual Property / Case Management Conference (cmc) Application for Company Representation by Employee

Legal Issues

  1. 1 Whether Arkeyo LLC may be represented at the CMC by its newly appointed employee, Mr Francis X Taney Jr, under CPR rule 39.6
  2. 2 Whether such representation would contravene the Legal Services Act 2007 and public policy

Ratio Decidendi

Permission for Mr Taney to represent Arkeyo is refused because his appointment is specifically to conduct litigation in England as a US attorney, which would involve him carrying out reserved legal activities without authorisation, contrary to the Legal Services Act 2007 and public policy. Permission is granted to Mr Tustin, a director, to represent Arkeyo at this CMC.

Court Disposition

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

Orders

  • Permission for Mr Francis X Taney Jr to represent Arkeyo LLC at the CMC is refused.
  • Permission granted to Mr William Tustin to represent Arkeyo LLC at the CMC, including retrospective permission for the application.