Societa Esplosivi Industriali SPA v Ordnance Technologies (UK) Ltd & Ors

Societa Esplosivi Industriali SPA v Ordnance Technologies (UK) Ltd & Ors

OTL breached contract with SEI in five ways regarding MMM and DMP work by using Lancer 2 technology without consent, acting as main contractor, offering expertise to third parties, and competing with SEI. OTL infringed SEI's design right in DMP work by making articles substantially to the Lancer 2 design for commercial purposes. Mr Cardy, as sole director and shareholder, facilitated and procured OTL's infringement of design right in DMP, making him personally liable as joint tortfeasor. No breach found regarding contractual or equitable confidence or copyright, and no design right infringement in MMM work due to lack of evidence of design documents enabling manufacture.

Parties
Claimant: Societa Esplosivi Industriali SpA; First Defendant: Ordnance Technologies (UK) Limited; Second Defendant: Impact Science Limited; Third Defendant: Stephen Keith Cardy
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Intellectual Property Dispute / Judgment After Second Trial
Outcome
SEI succeeds in claims for breach of contract (MMM and DMP) and design right infringement (DMP); Mr Cardy declared personally liable as joint tortfeasor for DMP design right infringement.
Legal Topics
Design Right Infringement, Breach of Contract, Joint Tortfeasor Liability, Confidentiality, Copyright, Equitable Confidence
Intellectual Property Contract Law Company Law Design Right Infringement Breach of Contract Joint Tortfeasor Liability Confidentiality Copyright +1 more

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Parties

Societa Esplosivi Industriali SpA

Claimant

Ordnance Technologies (UK) Limited

First Defendant

Impact Science Limited

Second Defendant

Stephen Keith Cardy

Third Defendant

Procedural Posture

Intellectual Property Dispute / Judgment After Second Trial

Legal Issues

  1. 1 Whether OTL breached contract with SEI regarding use of Lancer 2 technology in MMM and DMP work
  2. 2 Whether OTL infringed SEI's design right in DMP work
  3. 3 Whether OTL breached contractual or equitable confidence or copyright

Ratio Decidendi

OTL breached contract with SEI in five ways regarding MMM and DMP work by using Lancer 2 technology without consent, acting as main contractor, offering expertise to third parties, and competing with SEI. OTL infringed SEI's design right in DMP work by making articles substantially to the Lancer 2 design for commercial purposes. Mr Cardy, as sole director and shareholder, facilitated and procured OTL's infringement of design right in DMP, making him personally liable as joint tortfeasor. No breach found regarding contractual or equitable confidence or copyright, and no design right infringement in MMM work due to lack of evidence of design documents enabling manufacture.

Court Disposition

SEI succeeds in claims for breach of contract (MMM and DMP) and design right infringement (DMP); Mr Cardy declared personally liable as joint tortfeasor for DMP design right infringement.

Orders

  • Inquiries as to damages suffered by SEI due to OTL's breaches of contract (MMM and DMP) and design right infringement (DMP)
  • Declaration of Mr Cardy's personal liability as joint tortfeasor for DMP design right infringement