Marine Rescue Technologies Ltd & Ors v Burchill & Anor

Marine Rescue Technologies Ltd & Ors v Burchill & Anor

The cumulative delays were not inordinate or disgraceful, defendants contributed to the pace, no significant prejudice was shown, and striking out was not justified.

Parties
Claimant: Marine Rescue Technologies Limited & Ors; Defendant: Burchill & Anr
Jurisdiction
England and Wales
Judgment Date
15 February 2006
Procedural Posture
Civil / Application to Strike Out Claim
Outcome
application dismissed
Legal Topics
Delay in Proceedings, Abuse of Process, Case Management, Striking Out, Prejudice, Design Right, Patent Infringement, Trademark Infringement, Passing Off, Conversion
Intellectual Property Civil Procedure Delay in Proceedings Abuse of Process Case Management Striking Out Prejudice Design Right +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Marine Rescue Technologies Limited & Ors

Claimant

Burchill & Anr

Defendant

Procedural Posture

Civil / Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claim should be struck out due to delay and alleged prejudice
  2. 2 Whether the delay constitutes abuse of process
  3. 3 Whether the defendants suffered prejudice making a fair trial impossible

Ratio Decidendi

The cumulative delays were not inordinate or disgraceful, defendants contributed to the pace, no significant prejudice was shown, and striking out was not justified.

Court Disposition

application dismissed

Orders

  • The application to strike out the claim is dismissed.