Price v Elf Print Media Ltd & Ors [2001] EWCA Civ 622 (30 April, 2001)

Price v Elf Print Media Ltd & Ors [2001] EWCA Civ 622 (30 April, 2001)

The claimant has no cause of action against the directors for compensation under the Patents Act 1977, as the statutory right lies only against the employer. Directors are not necessary or proper parties to the compensation claim, and any breach of fiduciary duty gives rise to a cause of action by the company, not the employee. Discovery from third parties can be ordered without joining them as defendants.

Citation
[2001] EWCA Civ 622
Parties
Claimant/applicant: Robin Price; Defendant/respondent: Elf Print Media Limited; Defendant/respondent: Keith Pike; Defendant/respondent: Susanna Pike
Jurisdiction
England and Wales
Procedural Posture
Appeal / Application for Permission to Appeal From High Court Order Striking Out Claim Against Two Defendants
Outcome
Application for permission to appeal refused
Legal Topics
Employee Compensation for Inventions, Fiduciary Duties of Directors, Assignment of Patent Rights, Joinder of Parties, Civil Procedure
Intellectual Property Employment Law Company Law Employee Compensation for Inventions Fiduciary Duties of Directors Assignment of Patent Rights Joinder of Parties Civil Procedure

Case Brief

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Parties

Robin Price

Claimant/applicant

Elf Print Media Limited

Defendant/respondent

Keith Pike

Defendant/respondent

Susanna Pike

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal From High Court Order Striking Out Claim Against Two Defendants

Legal Issues

  1. 1 Whether the claimant can pursue a claim for compensation against directors who procured assignment of patent rights at undervalue
  2. 2 Whether directors are necessary and proper parties to the compensation claim under the Patents Act 1977

Ratio Decidendi

The claimant has no cause of action against the directors for compensation under the Patents Act 1977, as the statutory right lies only against the employer. Directors are not necessary or proper parties to the compensation claim, and any breach of fiduciary duty gives rise to a cause of action by the company, not the employee. Discovery from third parties can be ordered without joining them as defendants.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Detailed assessment of the applicant's costs