Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors

Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors

The claim was struck out in its entirety because the pleadings failed to disclose any reasonable grounds for the causes of action alleged, lacked material facts, and were unsupported by evidence. The evidence showed SingDate was developed independently of the claimant's proposals. There was no case with a real prospect of success that the claimant could plead. The claimant's application for summary judgment was dismissed. An extended civil restraint order was made due to persistent meritless applications.

Parties
Claimant: David Mensah trading as 37 Days 3 Hours 9 Minutes Creative; 1st Defendant: Jeremy Darroch; 2nd Defendant: Duncan Gray; 3rd Defendant: Mark Rowland; 4th Defendant: British Sky Broadcasting Limited; 5th Defendant: Shine Group; 6th Defendant: Indie Media Group; 7th Defendant: Hannah Dodson; 8th Defendant: Channel Four Television Corporation; 9th Defendant: ITV PLC
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Civil / Ruling on Applications to Strike Out and for Summary Judgment
Outcome
Claim struck out; summary judgment for defendants; extended civil restraint order made against claimant.
Legal Topics
Fraudulent Misrepresentation, Deceit, Breach of Fiduciary Duty, Breach of Confidence, Conspiracy to Injure, Summary Judgment, Strike Out, Civil Restraint Order
Civil Procedure Tort Intellectual Property Fraudulent Misrepresentation Deceit Breach of Fiduciary Duty Breach of Confidence Conspiracy to Injure +3 more

Case Brief

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Parties

David Mensah trading as 37 Days 3 Hours 9 Minutes Creative

Claimant

Jeremy Darroch

1st Defendant

Duncan Gray

2nd Defendant

Mark Rowland

3rd Defendant

British Sky Broadcasting Limited

4th Defendant

Shine Group

5th Defendant

Indie Media Group

6th Defendant

Hannah Dodson

7th Defendant

Channel Four Television Corporation

8th Defendant

ITV PLC

9th Defendant

Procedural Posture

Civil / Ruling on Applications to Strike Out and for Summary Judgment

Legal Issues

  1. 1 Whether the claimant's pleadings disclose any reasonable grounds for bringing the claims of fraudulent misrepresentation, breach of fiduciary duty, breach of confidence, and conspiracy to injure.
  2. 2 Whether the claim should be struck out or summary judgment entered for the defendants under CPR r.3.4 and r.24.2.
  3. 3 Whether the claimant's application for summary judgment should be granted.

Ratio Decidendi

The claim was struck out in its entirety because the pleadings failed to disclose any reasonable grounds for the causes of action alleged, lacked material facts, and were unsupported by evidence. The evidence showed SingDate was developed independently of the claimant's proposals. There was no case with a real prospect of success that the claimant could plead. The claimant's application for summary judgment was dismissed. An extended civil restraint order was made due to persistent meritless applications.

Court Disposition

Claim struck out; summary judgment for defendants; extended civil restraint order made against claimant.

Orders

  • The entire claim is struck out as disclosing no reasonable grounds and having no real prospect of success.
  • The claimant's application for summary judgment is dismissed.