GHS Global Hospitality Ltd v Beale & Ors [2022] EWHC 1403 (Ch) (07 June 2022)

GHS Global Hospitality Ltd v Beale & Ors [2022] EWHC 1403 (Ch) (07 June 2022)

The claimant's APoC is inadequately particularised in respect of the alleged copyright works, confidential information, and database rights. The lack of specificity prevents the defendants from understanding or responding to the claims and would obstruct the just disposal of proceedings. The application to amend in the form of the APoC is refused, and the particulars of claim are struck out as against the first defendant. However, the claims are not so deficient as to warrant summary judgment or a complete strike out of the claim; the claimant is permitted to re-plead with proper particulars.

Citation
[2022] EWHC 1403 (Ch)
Parties
Claimant: GHS Global Hospitality Limited; First Defendant: Edward Anthony Beale; Second Defendant: Binu James; Third Defendant: Webstorm Information Technology Private Limited
Jurisdiction
England and Wales
Judgment Date
07 June 2022
Procedural Posture
Civil Intellectual Property / Interlocutory Applications: Amendment of Particulars of Claim, Strike Out, Summary Judgment
Outcome
Application to amend refused; particulars of claim struck out as against the first defendant; claimant permitted to re-plead with proper particulars; summary judgment refused.
Legal Topics
Copyright Infringement, Breach of Confidence, Database Rights, Pleading Particularity, Amendment of Pleadings, Summary Judgment, Strike Out Applications
Intellectual Property Civil Procedure Copyright Infringement Breach of Confidence Database Rights Pleading Particularity Amendment of Pleadings Summary Judgment +1 more

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Parties

GHS Global Hospitality Limited

Claimant

Edward Anthony Beale

First Defendant

Binu James

Second Defendant

Webstorm Information Technology Private Limited

Third Defendant

Procedural Posture

Civil Intellectual Property / Interlocutory Applications: Amendment of Particulars of Claim, Strike Out, Summary Judgment

Legal Issues

  1. 1 Whether the claimant's amended particulars of claim (APoC) are sufficiently particularised to proceed against the defendants for copyright infringement, breach of confidence, and database right infringement; whether the APoC should be permitted to be amended; whether the claim or APoC should be struck out or summary judgment granted for lack of reasonable grounds or insufficient particularisation.

Ratio Decidendi

The claimant's APoC is inadequately particularised in respect of the alleged copyright works, confidential information, and database rights. The lack of specificity prevents the defendants from understanding or responding to the claims and would obstruct the just disposal of proceedings. The application to amend in the form of the APoC is refused, and the particulars of claim are struck out as against the first defendant. However, the claims are not so deficient as to warrant summary judgment or a complete strike out of the claim; the claimant is permitted to re-plead with proper particulars.

Court Disposition

Application to amend refused; particulars of claim struck out as against the first defendant; claimant permitted to re-plead with proper particulars; summary judgment refused.

Orders

  • Permission to amend in the form of the APoC is refused.
  • The particulars of claim are struck out as against the first defendant.