AFD Software Ltd v DCML Ltd

AFD Software Ltd v DCML Ltd

The application for permission to appeal was refused because the trial judge's findings of fact were open to him on the evidence, there was no error of law, and there was no reasonable prospect of the appeal succeeding. The claimants failed to discharge the burden of proof regarding the terms of the agreement and the alleged breach.

Parties
Appellant: AFD Software Limited; Respondent: DCML Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2016
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Software Licensing, Contract Formation, Evidence Assessment
Contract Law Intellectual Property Software Licensing Contract Formation Evidence Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

AFD Software Limited

Appellant

DCML Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in his findings of fact regarding the terms of the software licence agreement
  2. 2 Whether there was a misrepresentation or misunderstanding as to the scope of the licence granted
  3. 3 Whether the defendants acted in breach of copyright or contract

Ratio Decidendi

The application for permission to appeal was refused because the trial judge's findings of fact were open to him on the evidence, there was no error of law, and there was no reasonable prospect of the appeal succeeding. The claimants failed to discharge the burden of proof regarding the terms of the agreement and the alleged breach.

Court Disposition

permission to appeal refused

Orders

  • Application for permission to appeal is refused.