WWF- World Wide Fund for Nature & Anor v World Wrestling Federation Entertainment Inc

WWF- World Wide Fund for Nature & Anor v World Wrestling Federation Entertainment Inc

The Fund is precluded from pursuing a claim for Wrotham Park damages in these proceedings because it could and should have raised that claim at the time it sought to amend to claim an account of profits in 2001. Having elected not to do so and having proceeded on the basis that no such claim would be made, it is an abuse of process to pursue the claim now. The appeal is allowed on this ground.

Parties
Claimants/respondents: WWF - World Wide Fund for Nature and World Wildlife Fund Inc; Defendant/appellant: World Wrestling Federation Entertainment Inc
Jurisdiction
England and Wales
Judgment Date
02 April 2007
Procedural Posture
Civil Appeal / Appeal From High Court Preliminary Issue Determination
Outcome
Appeal allowed
Legal Topics
Damages for Breach of Contract, Restrictive Covenants, Res Judicata, Abuse of Process, Account of Profits, Wrotham Park Damages
Contract Law Civil Procedure Damages for Breach of Contract Restrictive Covenants Res Judicata Abuse of Process Account of Profits Wrotham Park Damages

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Parties

WWF - World Wide Fund for Nature and World Wildlife Fund Inc

Claimants/respondents

World Wrestling Federation Entertainment Inc

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimants are entitled to claim damages on the Wrotham Park basis for breach of a restrictive covenant after previously being refused permission to amend to claim an account of profits and not raising the Wrotham Park claim at that time.
  2. 2 Whether it is an abuse of process for the claimants to pursue Wrotham Park damages in these proceedings.

Ratio Decidendi

The Fund is precluded from pursuing a claim for Wrotham Park damages in these proceedings because it could and should have raised that claim at the time it sought to amend to claim an account of profits in 2001. Having elected not to do so and having proceeded on the basis that no such claim would be made, it is an abuse of process to pursue the claim now. The appeal is allowed on this ground.

Court Disposition

Appeal allowed

Orders

  • Permission to amend and appeal on the abuse of process ground granted.
  • The Fund is precluded from pursuing a claim for Wrotham Park damages in these proceedings.