Ultraframe UK Ltd v Clayton & Ors [2003] EWHC 242 (Ch) (14 February 2003)

Ultraframe UK Ltd v Clayton & Ors [2003] EWHC 242 (Ch) (14 February 2003)

The issue of costs should be reserved to the determination of the Leeds Actions due to the complexity and interlinked nature of the disputes, and the possibility that later findings may affect the justice of costs allocation.

Citation
[2003] EWHC 242 (Ch)
Parties
Claimant: Ultraframe UK Limited; Defendant: Alan Clayton; Defendant: Edwin Birkett; Defendant: Jeffrey Naden; Defendant: Burnden Group Plc; Defendant: Mr and Mrs Fielding
Jurisdiction
England and Wales
Judgment Date
14 February 2003
Procedural Posture
Civil / Post Preliminary Issues, Costs Determination
Outcome
London Action struck out; costs reserved to Leeds Actions
Legal Topics
Design Rights, Ownership, Infringement, Costs, Consolidation of Actions
Intellectual Property Civil Procedure Design Rights Ownership Infringement Costs Consolidation of Actions

Case Brief

Summary, issues, holding and outcome

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Parties

Ultraframe UK Limited

Claimant

Alan Clayton

Defendant

Edwin Birkett

Defendant

Jeffrey Naden

Defendant

Burnden Group Plc

Defendant

Mr and Mrs Fielding

Defendant

Procedural Posture

Civil / Post Preliminary Issues, Costs Determination

Legal Issues

  1. 1 Ownership of design rights
  2. 2 Subsistence of design rights
  3. 3 Infringement of design rights

Ratio Decidendi

The issue of costs should be reserved to the determination of the Leeds Actions due to the complexity and interlinked nature of the disputes, and the possibility that later findings may affect the justice of costs allocation.

Court Disposition

London Action struck out; costs reserved to Leeds Actions

Orders

  • London Action struck out
  • Costs of London Action and preliminary issues reserved to determination of Leeds Actions