BSW Ltd v Balltec Ltd

The application for pre-action disclosure is speculative, lacks evidential foundation, and is not sufficiently focused. The applicant has not identified with precision the rights allegedly infringed nor provided credible evidence of infringement or breach of fiduciary duty. Disclosure of commercially sensitive material is not justified absent a clear and convincing evidential basis. The discretion under CPR 31.16 is not properly exercised in favour of the applicant.

Parties: Applicant: BSW Limited; Respondent: Balltec Limited
Jurisdiction: England and Wales
Judgment Date: 11 April 2006
Procedural Posture: Application for Pre Action Disclosure / Ruling on Application
Outcome: Application dismissed
Legal Topics: Pre Action Disclosure, Patent Infringement, Design Right Infringement, Copyright Infringement, Breach of Fiduciary Duty

Intellectual Property Civil Procedure Pre Action Disclosure Patent Infringement Design Right Infringement Copyright Infringement Breach of Fiduciary Duty

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Parties

BSW Limited

Applicant

Balltec Limited

Respondent

Procedural Posture

Application for Pre Action Disclosure / Ruling on Application

Legal Issues

1 Whether pre-action disclosure should be ordered under CPR 31.16
2 Whether applicant has a properly arguable case for infringement or breach of fiduciary duty
3 Whether disclosure is desirable to resolve the dispute or save costs

Ratio Decidendi

Court Disposition

Application dismissed