Costa v Dissociadid Ltd & Anor [2021] EWHC 3275 (IPEC) (02 December 2021)

Costa v Dissociadid Ltd & Anor [2021] EWHC 3275 (IPEC) (02 December 2021)

Neither party's claim or defence is so lacking in merit or so disproportionate as to justify summary judgment or strike out; issues of contract, consideration, and implied terms require full trial. The NDA counterclaim does not pass the cost-benefit analysis and is stayed.

Citation
[2021] EWHC 3275 (IPEC)
Parties
Claimant: Sergio Costa; First Defendant: Dissociadid Ltd; Second Defendant: Chloe Wilkinson
Jurisdiction
England and Wales
Judgment Date
02 December 2021
Procedural Posture
Copyright Infringement and Contractual Dispute / Interlocutory Applications for Strike Out and Summary Judgment
Outcome
Applications for strike out and summary judgment refused except for NDA counterclaim, which is stayed. Paragraph 55 of Defence struck out.
Legal Topics
Copyright Infringement, Joint Authorship, Implied Contract Terms, Non Disclosure Agreement, Abuse of Process, Summary Judgment, Strike Out Applications
Intellectual Property Contract Law Civil Procedure Copyright Infringement Joint Authorship Implied Contract Terms Non Disclosure Agreement Abuse of Process +2 more

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Parties

Sergio Costa

Claimant

Dissociadid Ltd

First Defendant

Chloe Wilkinson

Second Defendant

Procedural Posture

Copyright Infringement and Contractual Dispute / Interlocutory Applications for Strike Out and Summary Judgment

Legal Issues

  1. 1 Whether a binding contract existed between the parties regarding use of the Works
  2. 2 Whether the Defendants had a licence or assignment to use the Works
  3. 3 Whether the claim or defence should be struck out for lack of merits or abuse of process

Ratio Decidendi

Neither party's claim or defence is so lacking in merit or so disproportionate as to justify summary judgment or strike out; issues of contract, consideration, and implied terms require full trial. The NDA counterclaim does not pass the cost-benefit analysis and is stayed.

Court Disposition

Applications for strike out and summary judgment refused except for NDA counterclaim, which is stayed. Paragraph 55 of Defence struck out.

Orders

  • Stay of counterclaim for breach of NDA
  • Strike out paragraph 55 of Defence