Distinctive Wholesale Litd v Clayton Horsnell Ltd & Ors [2018] EWHC 3742 (IPEC) (18 December 2018)

Distinctive Wholesale Litd v Clayton Horsnell Ltd & Ors [2018] EWHC 3742 (IPEC) (18 December 2018)

A party cannot claim against a third party for procurement of its own breach of contract; since the procurement claim fails, the unlawful interference claim, which depends on it, also fails.

Citation
[2018] EWHC 3742 (IPEC)
Parties
Claimant: Distinctive Wholesale Limited; First Defendant/part 20 Claimant: Clayton Horsnell Limited; Second Defendant: C W Commerce Limited; Third Defendant: Peter Clayton; First Third Party: Essential E-Commerce Limited; Second Third Party: Robert Amir Jamshid Nezard
Jurisdiction
England and Wales
Judgment Date
18 December 2018
Procedural Posture
Intellectual Property Infringement and Third Party Application / Application to Strike Out Third Party Claims
Outcome
Third party claims struck out
Legal Topics
Copyright Infringement, Database Right Infringement, Procurement of Breach of Contract, Unlawful Interference With Economic Interests, Strike Out Application
Intellectual Property Contract Tort Copyright Infringement Database Right Infringement Procurement of Breach of Contract Unlawful Interference With Economic Interests Strike Out Application

Case Brief

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Parties

Distinctive Wholesale Limited

Claimant

Clayton Horsnell Limited

First Defendant/part 20 Claimant

C W Commerce Limited

Second Defendant

Peter Clayton

Third Defendant

Essential E-Commerce Limited

First Third Party

Robert Amir Jamshid Nezard

Second Third Party

Procedural Posture

Intellectual Property Infringement and Third Party Application / Application to Strike Out Third Party Claims

Legal Issues

  1. 1 Whether a party can claim for procurement of its own breach of contract by a third party
  2. 2 Whether the claim for unlawful interference with economic interests is sustainable absent a viable procurement claim

Ratio Decidendi

A party cannot claim against a third party for procurement of its own breach of contract; since the procurement claim fails, the unlawful interference claim, which depends on it, also fails.

Court Disposition

Third party claims struck out

Orders

  • Claims for procurement of breach of contract and unlawful interference against Essential E-Commerce Limited and Robert Amir Jamshid Nezard are struck out