Ablaise Ltd v Nettec Plc & Anor [2003] EWHC 3123 (Ch) (30 October 2003)

Ablaise Ltd v Nettec Plc & Anor [2003] EWHC 3123 (Ch) (30 October 2003)

The pleadings and further information provided by the claimant are insufficient to make out a case of joint tortfeasance against the first defendant. However, since the claimant has adduced evidence that may support such a case, the court will allow the claimant an opportunity to provide further particulars; otherwise, the relevant pleading will be struck out.

Citation
[2003] EWHC 3123 (Ch)
Parties
Claimant: Ablaise Limited; First Defendant: Nettec Plc; Second Defendant: Nettec Solutions Limited
Jurisdiction
England and Wales
Judgment Date
30 October 2003
Procedural Posture
Patent Infringement / Interlocutory Application to Strike Out Claim Against First Defendant
Outcome
Conditional strike out
Legal Topics
Patent Infringement, Joint Tortfeasance, Pleading Requirements, Corporate Liability
Intellectual Property Patent Law Patent Infringement Joint Tortfeasance Pleading Requirements Corporate Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ablaise Limited

Claimant

Nettec Plc

First Defendant

Nettec Solutions Limited

Second Defendant

Procedural Posture

Patent Infringement / Interlocutory Application to Strike Out Claim Against First Defendant

Legal Issues

  1. 1 Whether the pleadings sufficiently allege joint tortfeasance against the first defendant
  2. 2 Whether the first defendant should be struck out from the action for lack of involvement in the alleged infringement

Ratio Decidendi

The pleadings and further information provided by the claimant are insufficient to make out a case of joint tortfeasance against the first defendant. However, since the claimant has adduced evidence that may support such a case, the court will allow the claimant an opportunity to provide further particulars; otherwise, the relevant pleading will be struck out.

Court Disposition

Conditional strike out

Orders

  • Paragraph 6 of the particulars of claim (alleging joint tortfeasance) will be struck out unless the claimant provides further particulars of all matters relied upon in support of joint tortfeasance by 4pm on Friday 14 November.