Filmflex Movies Ltd v Piksel Ltd

Filmflex Movies Ltd v Piksel Ltd

The remedy in damages available to the claimant is likely to be adequate, and the urgency of the application is not supported by evidence. The risk of irremediable prejudice to the defendant from delivery up of proprietary source code to a competitor outweighs the claimant's asserted urgency. Balance of convenience lies against granting interim relief.

Parties
Claimant/applicant: Filmflex Movies Limited; Defendant/respondent: Piksel Limited
Jurisdiction
England and Wales
Judgment Date
12 December 2014
Procedural Posture
Interim Application / Application for Interim Relief
Outcome
Interim relief refused
Legal Topics
Interim Injunctions, Source Code Ownership, Adequacy of Damages, Balance of Convenience
Contract Law Intellectual Property Interim Injunctions Source Code Ownership Adequacy of Damages Balance of Convenience

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Parties

Filmflex Movies Limited

Claimant/applicant

Piksel Limited

Defendant/respondent

Procedural Posture

Interim Application / Application for Interim Relief

Legal Issues

  1. 1 Whether interim relief for delivery up of combined source code should be granted
  2. 2 Adequacy of damages as remedy for claimant
  3. 3 Risk of irremediable prejudice to defendant if source code delivered to competitor

Ratio Decidendi

The remedy in damages available to the claimant is likely to be adequate, and the urgency of the application is not supported by evidence. The risk of irremediable prejudice to the defendant from delivery up of proprietary source code to a competitor outweighs the claimant's asserted urgency. Balance of convenience lies against granting interim relief.

Court Disposition

Interim relief refused

Orders

  • Application for interim relief denied
  • Court willing to hear parties on partial relief for undisputed aspects of source code