Marine Rescue Technologies Ltd & Ors v Burchill & Anor [2006] EWHC 3697 (Ch) (15 February 2006)

Marine Rescue Technologies Ltd & Ors v Burchill & Anor [2006] EWHC 3697 (Ch) (15 February 2006)

The delays in the proceedings, whether considered individually or cumulatively, are not so serious or blameworthy as to amount to an abuse of process or to justify striking out the claim. There is no sufficient prejudice to the defendants, and any prejudice is largely attributable to their own conduct. Both parties failed to comply with orders, and the defendants did not pursue the matter with urgency or raise timely objections. The application to strike out is therefore dismissed.

Citation
[2006] EWHC 3697 (Ch)
Parties
Claimant: Marine Rescue Technologies Limited & Ors; Defendant: Burchill & Anr
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Intellectual Property Infringement (design Right, Patent, Trademark, Passing Off, Conversion) / Application to Strike Out Claim for Delay/abuse of Process
Outcome
Application to strike out dismissed
Legal Topics
Strike Out Applications, Delay in Proceedings, Abuse of Process, Patent Infringement, Trademark Infringement, Passing Off, Conversion
Civil Procedure Intellectual Property Strike Out Applications Delay in Proceedings Abuse of Process Patent Infringement Trademark Infringement Passing Off +1 more

Case Brief

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Parties

Marine Rescue Technologies Limited & Ors

Claimant

Burchill & Anr

Defendant

Procedural Posture

Intellectual Property Infringement (design Right, Patent, Trademark, Passing Off, Conversion) / Application to Strike Out Claim for Delay/abuse of Process

Legal Issues

  1. 1 Whether the claim should be struck out for delay and/or abuse of process under CPR 3.1(2), CPR 3.4(2), or the court's inherent jurisdiction
  2. 2 Whether the delay has caused prejudice to the defendants such that a fair trial is no longer possible

Ratio Decidendi

The delays in the proceedings, whether considered individually or cumulatively, are not so serious or blameworthy as to amount to an abuse of process or to justify striking out the claim. There is no sufficient prejudice to the defendants, and any prejudice is largely attributable to their own conduct. Both parties failed to comply with orders, and the defendants did not pursue the matter with urgency or raise timely objections. The application to strike out is therefore dismissed.

Court Disposition

Application to strike out dismissed

Orders

  • Application to strike out the claim is refused.