118 Data Resource Ltd v IDS Data Services Ltd & Ors

118 Data Resource Ltd v IDS Data Services Ltd & Ors

Clause 4.7 does not confer the broad access rights sought by 118; its construction is insufficiently clear for summary judgment or specific performance, and the gaps in the mechanism would require re-writing the contract, which the court cannot do.

Parties
Claimant: 118 Data Resource Limited; First Defendant: IDS Data Services Limited; Second Defendant: Susan Margaret Macfarlane; Third Defendant: Kevin Sharpe
Jurisdiction
England and Wales
Judgment Date
05 November 2014
Procedural Posture
Commercial Contract Dispute / Application for Summary Judgment
Outcome
Application dismissed
Legal Topics
Summary Judgment, Specific Performance, Interpretation of Contract Clauses, Confidentiality, Licensing Agreements
Contract Law Summary Judgment Specific Performance Interpretation of Contract Clauses Confidentiality Licensing Agreements

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Parties

118 Data Resource Limited

Claimant

IDS Data Services Limited

First Defendant

Susan Margaret Macfarlane

Second Defendant

Kevin Sharpe

Third Defendant

Procedural Posture

Commercial Contract Dispute / Application for Summary Judgment

Legal Issues

  1. 1 Construction of clause 4.7 of the Agreement
  2. 2 Whether summary judgment for specific performance should be granted
  3. 3 Scope of access permitted under clause 4.7

Ratio Decidendi

Clause 4.7 does not confer the broad access rights sought by 118; its construction is insufficiently clear for summary judgment or specific performance, and the gaps in the mechanism would require re-writing the contract, which the court cannot do.

Court Disposition

Application dismissed