Allen Carr's Easyway International Ltd v Trimmer (t/a As Quit Easy) [2001] EWCA Civ 1810 (16 November 2001)

Allen Carr's Easyway International Ltd v Trimmer (t/a As Quit Easy) [2001] EWCA Civ 1810 (16 November 2001)

There was insufficient evidence to establish that a substantial part of the manual was performed in public during therapy sessions, and the judge's application of the law to the facts was correct; thus, there was no real prospect of success on appeal.

Citation
[2001] EWCA Civ 1810
Parties
Claimant/applicant: Allen Carr's Easyway International Limited; Defendant/respondent: Jim Trimmer (trading as Quit Easy)
Jurisdiction
England and Wales
Judgment Date
16 November 2001
Procedural Posture
Copyright Infringement and Related Claims / Renewed Application for Permission to Appeal From High Court Judgment
Outcome
Application dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Passing Off, Franchise Agreement, Public Performance
Intellectual Property Law Copyright Infringement Breach of Confidence Passing Off Franchise Agreement Public Performance

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Parties

Allen Carr's Easyway International Limited

Claimant/applicant

Jim Trimmer (trading as Quit Easy)

Defendant/respondent

Procedural Posture

Copyright Infringement and Related Claims / Renewed Application for Permission to Appeal From High Court Judgment

Legal Issues

  1. 1 Whether there was a performance in public of a substantial part of the manual
  2. 2 Whether the manual contained confidential information
  3. 3 Whether copyright in 'The Easy Way to Stop Smoking' book was assigned to the claimant

Ratio Decidendi

There was insufficient evidence to establish that a substantial part of the manual was performed in public during therapy sessions, and the judge's application of the law to the facts was correct; thus, there was no real prospect of success on appeal.

Court Disposition

Application dismissed

Orders

  • Application for permission to appeal dismissed