Alphasharp Ltd v ADG Capital Management LLP [2021] EWHC 1779 (Comm) (13 May 2021)

Alphasharp Ltd v ADG Capital Management LLP [2021] EWHC 1779 (Comm) (13 May 2021)

There is a real prospect of ADG successfully defending the claim at trial on the issues of whether the Track Record is confidential information or Arising IP, the existence and scope of the implied term, and the appropriateness of specific performance. The issues are intertwined with other claims and defences to be determined at trial, and there is a compelling reason for a full trial rather than summary judgment.

Citation
[2021] EWHC 1779 (Comm)
Parties
Claimant: AlphaSharp Limited; Defendant: ADG Capital Management LLP
Jurisdiction
England and Wales
Judgment Date
13 May 2021
Procedural Posture
Commercial Court Summary Judgment Application / Application for Summary Judgment on Part of Claim Prior to Trial
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Implied Terms, Specific Performance, Intellectual Property Rights, Confidential Information, Licensing Agreements
Commercial Law Intellectual Property Law Contract Law Summary Judgment Implied Terms Specific Performance Intellectual Property Rights Confidential Information +1 more

Case Brief

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Parties

AlphaSharp Limited

Claimant

ADG Capital Management LLP

Defendant

Procedural Posture

Commercial Court Summary Judgment Application / Application for Summary Judgment on Part of Claim Prior to Trial

Legal Issues

  1. 1 Whether AlphaSharp is entitled to summary judgment for specific performance requiring ADG to provide access to the Track Record under an implied term of the licence agreement
  2. 2 Whether the Track Record constitutes Arising IP and confidential information owned by AlphaSharp
  3. 3 Whether an implied term exists requiring ADG to provide regular access to the Track Record

Ratio Decidendi

There is a real prospect of ADG successfully defending the claim at trial on the issues of whether the Track Record is confidential information or Arising IP, the existence and scope of the implied term, and the appropriateness of specific performance. The issues are intertwined with other claims and defences to be determined at trial, and there is a compelling reason for a full trial rather than summary judgment.

Court Disposition

Application for summary judgment dismissed