Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd & Anor (No. 2) [2015] EWHC 2632 (IPEC) (17 September 2015)

The application to reconsider the judgment was refused because the missing licence terms could have been produced at trial with reasonable diligence, and the circumstances were not sufficiently unusual to justify reopening the proceedings.

Citation: [2015] EWHC 2632 (IPEC)
Parties: Claimant: ABSOLUTE LOFTS SOUTH WEST LONDON LIMITED; First Defendant: ARTISAN HOME IMPROVEMENTS LIMITED; Second Defendant: DARREN MARK LUDBROOK
Jurisdiction: England and Wales
Judgment Date: 17 September 2015
Procedural Posture: Intellectual Property Claim / Post Judgment Application for Reconsideration
Outcome: Application for reconsideration refused
Legal Topics: Copyright Infringement, Damages, Reconsideration of Judgment, Admission of Fresh Evidence

Intellectual Property Law Civil Procedure Copyright Infringement Damages Reconsideration of Judgment Admission of Fresh Evidence

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Parties

ABSOLUTE LOFTS SOUTH WEST LONDON LIMITED

Claimant

ARTISAN HOME IMPROVEMENTS LIMITED

First Defendant

DARREN MARK LUDBROOK

Second Defendant

Procedural Posture

Intellectual Property Claim / Post Judgment Application for Reconsideration

Legal Issues

1 Whether the court should reconsider its judgment based on new evidence (missing licence terms) after judgment has been handed down
2 Whether the new evidence satisfies the criteria for admission post-judgment

Ratio Decidendi

Court Disposition

Application for reconsideration refused