Tyco European Metal Framing Ltd v New Systems Ltd & Ors [2001] EWCA Civ 1752 (14 November 2001)

Tyco European Metal Framing Ltd v New Systems Ltd & Ors [2001] EWCA Civ 1752 (14 November 2001)

The appeal was adjourned because the absence of an injunction removed substantial prejudice to New Systems, and the result of the damages inquiry may obviate the need for the appeal, thereby saving costs for all parties.

Citation
[2001] EWCA Civ 1752
Parties
Claimant/appellant: Tyco European Metal Framing Limited; First Defendant/respondent: New Systems Limited; Second Defendant/respondent: David Clewer; Third Defendant/respondent: The Secretary of State for the Environment, Transport and the Regions
Jurisdiction
England and Wales
Judgment Date
14 November 2001
Procedural Posture
Civil Appeal / Application for Adjournment of Appeal Pending Inquiry as to Damages
Outcome
Appeal adjourned to be listed for hearing in the New Year.
Legal Topics
Copyright Infringement, Breach of Confidence, Design Right, Interlocutory Injunction, Adjournment, Damages Inquiry
Intellectual Property Civil Procedure Copyright Infringement Breach of Confidence Design Right Interlocutory Injunction Adjournment Damages Inquiry

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Parties

Tyco European Metal Framing Limited

Claimant/appellant

New Systems Limited

First Defendant/respondent

David Clewer

Second Defendant/respondent

The Secretary of State for the Environment, Transport and the Regions

Third Defendant/respondent

Procedural Posture

Civil Appeal / Application for Adjournment of Appeal Pending Inquiry as to Damages

Legal Issues

  1. 1 Whether appeal should be adjourned pending outcome of damages inquiry
  2. 2 Impact of interlocutory injunction on parties
  3. 3 Potential costs and damages liability

Ratio Decidendi

The appeal was adjourned because the absence of an injunction removed substantial prejudice to New Systems, and the result of the damages inquiry may obviate the need for the appeal, thereby saving costs for all parties.

Court Disposition

Appeal adjourned to be listed for hearing in the New Year.

Orders

  • Appeal adjourned to be listed in the New Year with a time estimate of 1 to 1½ days.
  • Costs of this application to be costs in the appeal.