Ukoumunne v The University of Birmingham & Ors

Ukoumunne v The University of Birmingham & Ors

The claimant failed to plead or evidence actionable copyright infringement, breach of confidence, breach of contract, professional negligence, or discrimination. No real prospect of success was shown for most claims. Unless orders were appropriate for breach of confidence and contract against the University and academic staff, with strike out of other claims.

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
Civil / Ruling on Strike Out and Unless Applications
Outcome
Claims for copyright infringement, professional negligence, discrimination, and loss of earnings struck out. Unless orders for breach of confidence and contract against certain defendants. Stay of breach of confidence claim against publisher. Adjournment of applications for transfer and disclosure.
Legal Topics
Copyright Infringement, Breach of Confidence, Breach of Contract, Professional Negligence, Racial Harassment, Bullying, Sex Discrimination
Intellectual Property Contract Equity Tort Discrimination Copyright Infringement Breach of Confidence Breach of Contract +4 more

Case Brief

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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

Civil / Ruling on Strike Out and Unless Applications

Legal Issues

  1. 1 Whether the claimant's works were copied in breach of copyright
  2. 2 Whether confidential information was misused
  3. 3 Whether contractual obligations were breached

Ratio Decidendi

The claimant failed to plead or evidence actionable copyright infringement, breach of confidence, breach of contract, professional negligence, or discrimination. No real prospect of success was shown for most claims. Unless orders were appropriate for breach of confidence and contract against the University and academic staff, with strike out of other claims.

Court Disposition

Claims for copyright infringement, professional negligence, discrimination, and loss of earnings struck out. Unless orders for breach of confidence and contract against certain defendants. Stay of breach of confidence claim against publisher. Adjournment of applications for transfer and disclosure.

Orders

  • Unless the claimant amends and provides particulars of breach of confidence, claims against 1st to 4th and 6th defendants will be struck out.
  • Any surviving breach of confidence claim against 6th defendant stayed.