Ablaise Ltd v Nettec Plc & Anor

Ablaise Ltd v Nettec Plc & Anor

The pleadings as they stand are insufficient to make out a case of joint tortfeasance against the first defendant. However, since the claimant has filed evidence that may support such a case, the court will strike out paragraph 6 of the particulars of claim unless the claimant provides further particulars by a specified date.

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 striking out of pleading
Legal Topics
Patent Infringement, Joint Tortfeasance, Pleading Requirements, Striking Out Pleadings
Intellectual Property Civil Procedure Patent Infringement Joint Tortfeasance Pleading Requirements Striking Out Pleadings

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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 disclose a sufficient case of joint tortfeasance against the first defendant
  2. 2 Whether paragraph 6 of the particulars of claim should be struck out for lack of particulars

Ratio Decidendi

The pleadings as they stand are insufficient to make out a case of joint tortfeasance against the first defendant. However, since the claimant has filed evidence that may support such a case, the court will strike out paragraph 6 of the particulars of claim unless the claimant provides further particulars by a specified date.

Court Disposition

Conditional striking out of pleading

Orders

  • Paragraph 6 of the particulars of claim to be struck out unless the claimant provides further particulars of joint tortfeasance by 4pm on Friday 14 November 2003.