SCI Games Ltd. v Argonaut Games Plc & Ors

SCI Games Ltd. v Argonaut Games Plc & Ors

There is a real prospect that a court could find an implied contract existed between Argonaut Games PLC and Argonaut Software Limited, binding Software to PLC's obligations to SCI Games Limited, and that Software's refusal to deliver up materials constituted unlawful interference with SCI's contractual rights. The administrators' personal liability cannot be excluded at this stage.

Parties
Claimant: SCI Games Limited; Defendant: Argonaut Games PLC; Defendant: Argonaut Software Limited; Defendant: Asher Miller; Defendant: David Rubin
Jurisdiction
England and Wales
Judgment Date
05 July 2005
Procedural Posture
Civil / Summary Judgment and Strike Out Application
Outcome
applications for summary judgment and strike out dismissed
Legal Topics
Implied Contracts, Unlawful Interference With Contractual Relations, Administrators' Liability, Termination Provisions, Assignment of Intellectual Property
Contract Law Tort Law Insolvency Law Implied Contracts Unlawful Interference With Contractual Relations Administrators' Liability Termination Provisions Assignment of Intellectual Property

Case Brief

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Parties

SCI Games Limited

Claimant

Argonaut Games PLC

Defendant

Argonaut Software Limited

Defendant

Asher Miller

Defendant

David Rubin

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether an implied contract existed between Argonaut Games PLC and Argonaut Software Limited regarding the development of the game.
  2. 2 Whether Argonaut Software Limited unlawfully interfered with SCI Games Limited's contractual rights by refusing to deliver up materials.
  3. 3 Whether the joint administrators (third and fourth defendants) can be personally liable for unlawful interference with contractual relations.

Ratio Decidendi

There is a real prospect that a court could find an implied contract existed between Argonaut Games PLC and Argonaut Software Limited, binding Software to PLC's obligations to SCI Games Limited, and that Software's refusal to deliver up materials constituted unlawful interference with SCI's contractual rights. The administrators' personal liability cannot be excluded at this stage.

Court Disposition

applications for summary judgment and strike out dismissed

Orders

  • The second to fourth defendants' applications for summary judgment and strike out are refused.