Lloyds TSB Insurance Services Ltd & Anor v Shanley

Lloyds TSB Insurance Services Ltd & Anor v Shanley

Lloyds infringed Mr Shanley's copyright by using the scoping tool without a licence, as the licence granted to Halifax was personal and did not extend to Lloyds. Mr Shanley's dishonesty undermined his credibility but did not defeat his claim against Lloyds, as the evidence supported the finding that no licence was granted to Lloyds.

Parties
Appellant/defendant: Lloyds TSB Insurance Services Ltd; Appellant/defendant: Halifax General Insurance Services Ltd; Respondent/claimant: James Michael Shanley
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Breach of Confidence, Software Licensing, Implied Licence, Burden of Proof
Intellectual Property Contract Copyright Infringement Breach of Confidence Software Licensing Implied Licence Burden of Proof

Case Brief

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Parties

Lloyds TSB Insurance Services Ltd

Appellant/defendant

Halifax General Insurance Services Ltd

Appellant/defendant

James Michael Shanley

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Lloyds infringed Mr Shanley's copyright by using the scoping tool without a licence
  2. 2 Whether Halifax breached its duty of confidence or infringed copyright by supplying the scoping tool to Lloyds
  3. 3 Whether an oral or implied licence existed permitting Lloyds' use of the tool

Ratio Decidendi

Lloyds infringed Mr Shanley's copyright by using the scoping tool without a licence, as the licence granted to Halifax was personal and did not extend to Lloyds. Mr Shanley's dishonesty undermined his credibility but did not defeat his claim against Lloyds, as the evidence supported the finding that no licence was granted to Lloyds.

Court Disposition

Appeal dismissed