Ukoumunne v The University of Birmingham & Ors [2020] EWHC 184 (IPEC) (05 February 2020)
The claimant failed to identify any substantial part of her works that was copied by the defendants, and the alleged similarities related to ideas, themes, or sources not protected by copyright. No confidential information was sufficiently identified or misused. The pleadings disclosed no reasonable grounds for the claims, and there was no real prospect of success. The claims were struck out and/or summary judgment granted for the defendants.
- Citation
- [2020] EWHC 184 (IPEC)
- Parties
- Claimant: Caroline Ngozi Ukoumunne; 1st Defendant: The University of Birmingham; 2nd Defendant: Paul Warmington; 3rd Defendant: Ian Grosvenor; 4th Defendant: Kevin Myers; 5th Defendant: Adam Tickell; 6th Defendant: Informa UK Limited (trading as Taylor & Francis Group)
- Jurisdiction
- England and Wales
- Judgment Date
- 05 February 2020
- Procedural Posture
- Intellectual Property/civil Claim / Strike Out/summary Judgment Applications
- Outcome
- Claim struck out/summary judgment for all defendants
- Legal Topics
- Copyright Infringement, Breach of Confidence, Breach of Contract, Professional Negligence, Discrimination, Summary Judgment, Strike Out Applications
Case Brief
Summary, issues, holding and outcome
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Parties
Caroline Ngozi Ukoumunne
Claimant
The University of Birmingham
1st Defendant
Paul Warmington
2nd Defendant
Ian Grosvenor
3rd Defendant
Kevin Myers
4th Defendant
Adam Tickell
5th Defendant
Informa UK Limited (trading as Taylor & Francis Group)
6th Defendant
Procedural Posture
Intellectual Property/civil Claim / Strike Out/summary Judgment Applications
Legal Issues
- 1 Whether the claimant's works were copied in breach of copyright by the defendants
- 2 Whether there was a breach of confidence by the defendants in relation to the claimant's thesis and research
- 3 Whether the pleadings disclosed reasonable grounds for bringing the claims
Ratio Decidendi
The claimant failed to identify any substantial part of her works that was copied by the defendants, and the alleged similarities related to ideas, themes, or sources not protected by copyright. No confidential information was sufficiently identified or misused. The pleadings disclosed no reasonable grounds for the claims, and there was no real prospect of success. The claims were struck out and/or summary judgment granted for the defendants.
Court Disposition
Claim struck out/summary judgment for all defendants
Orders
- All claims against all defendants struck out and/or summary judgment granted
- No order for transfer to QBD or for disclosure
Full Case Text
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