Sprint Electric Ltd v Buyer's Dream Ltd & Anor

Sprint Electric Ltd v Buyer's Dream Ltd & Anor

SEL is entitled to delivery up and ownership of the source code and documents created by Dr Potamianos/BDL under the 1997, 2000, and 2015 contracts, by express and implied terms, and as a result of the true employment relationship. BDL's counterclaim for copyright infringement fails. Dr Potamianos was unfairly...

Source-derived case information.

Parties
Claimant: Sprint Electric Limited; Defendant: Buyer's Dream Limited; Defendant/petitioner: Aristides George Potamianos; Respondent: Edwin John Prescott; Respondent: Sprintroom Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Civil (company/commercial) / Judgment After Trial
Outcome
SEL's claim for delivery up of source code and documents succeeds; BDL's counterclaim for copyright infringement fails; SEL's claim in respect of Schedule No 270416 fails; SEL's claim in respect of Schedule No 200815 succeeds; SEL's claim in respect of Schedule No 130116 fails except for delivery up; Dr Potamianos...
Legal Topics
Unfair Prejudice, Directors' Duties, Copyright Ownership, Service Contracts, Shareholder Buy Out, Employment Status, Specific Performance
Company Law Contract Law Intellectual Property Law Unfair Prejudice Directors' Duties Copyright Ownership Service Contracts Shareholder Buy Out +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sprint Electric Limited

Claimant

Buyer's Dream Limited

Defendant

Aristides George Potamianos

Defendant/petitioner

Edwin John Prescott

Respondent

Sprintroom Limited

Respondent

Procedural Posture

Civil (company/commercial) / Judgment After Trial

Legal Issues

  1. 1 Whether Dr Potamianos and BDL were obliged to provide SEL with access to the source code and documents for SEL's motor controller software.
  2. 2 Who owns the copyright in the software (source and object code) developed for SEL.
  3. 3 Whether the affairs of SRL and SEL were conducted in a manner unfairly prejudicial to Dr Potamianos as a minority shareholder.

Ratio Decidendi

SEL is entitled to delivery up and ownership of the source code and documents created by Dr Potamianos/BDL under the 1997, 2000, and 2015 contracts, by express and implied terms, and as a result of the true employment relationship. BDL's counterclaim for copyright infringement fails. Dr Potamianos was unfairly excluded from management of SRL/SEL in a quasi-partnership context without a reasonable buy-out offer, entitling him to a buy-out order, subject to determination of whether any of Mr Prescott's offers were reasonable.

Court Disposition

SEL's claim for delivery up of source code and documents succeeds; BDL's counterclaim for copyright infringement fails; SEL's claim in respect of Schedule No 270416 fails; SEL's claim in respect of Schedule No 200815 succeeds; SEL's claim in respect of Schedule No 130116 fails except for delivery up; Dr Potamianos...

Orders

  • BDL and Dr Potamianos to deliver up to SEL all source code and documents as defined in the judgment for works created under the 1997, 2000, and 2015 contracts.
  • BDL's counterclaim for copyright infringement dismissed.