SCI Games Ltd. v Argonaut Games Plc & Ors [2005] EWHC 1403 (Pat) (05 July 2005)

SCI Games Ltd. v Argonaut Games Plc & Ors [2005] EWHC 1403 (Pat) (05 July 2005)

The defendants have not established that there is no real prospect of SCI Games Limited succeeding at trial in its claims for unlawful interference with contractual relations and for damages against the administrators, as the existence of an implied contract and the administrators' liability are arguable and require full trial consideration.

Citation
[2005] EWHC 1403 (Pat)
Parties
Claimant: SCI Games Limited; First Defendant: Argonaut Games Plc; Second Defendant: Argonaut Software Limited (in administration); Third Defendant: Asher Miller; Fourth Defendant: David Rubin
Jurisdiction
England and Wales
Judgment Date
05 July 2005
Procedural Posture
Civil (patents/contract/commercial) / Summary Judgment and Strike Out Application
Outcome
Applications for summary judgment and strike out dismissed
Legal Topics
Implied Contracts, Unlawful Interference With Contractual Relations, Directors' and Administrators' Liability, Assignment of Intellectual Property, Summary Judgment, Strike Out Applications
Contract Law Tort Law Insolvency Law Intellectual Property Implied Contracts Unlawful Interference With Contractual Relations Directors' and Administrators' Liability Assignment of Intellectual Property +2 more

Case Brief

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Parties

SCI Games Limited

Claimant

Argonaut Games Plc

First Defendant

Argonaut Software Limited (in administration)

Second Defendant

Asher Miller

Third Defendant

David Rubin

Fourth Defendant

Procedural Posture

Civil (patents/contract/commercial) / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether there is a real prospect of establishing an implied contract between Argonaut Games Plc and Argonaut Software Limited regarding the development of the game for SCI Games Limited
  2. 2 Whether Argonaut Software Limited and its administrators unlawfully interfered with SCI Games Limited's contractual relations with Argonaut Games Plc
  3. 3 Whether the administrators (third and fourth defendants) can be personally liable for alleged unlawful interference

Ratio Decidendi

The defendants have not established that there is no real prospect of SCI Games Limited succeeding at trial in its claims for unlawful interference with contractual relations and for damages against the administrators, as the existence of an implied contract and the administrators' liability are arguable and require full trial consideration.

Court Disposition

Applications for summary judgment and strike out dismissed

Orders

  • The second to fourth defendants' applications for summary judgment and strike out are dismissed.
  • The claims against the second to fourth defendants may proceed to trial.