IDDQD Ltd v Codeberry Ltd & Anor [2025] EWHC 712 (Ch) (25 March 2025)

IDDQD Ltd v Codeberry Ltd & Anor [2025] EWHC 712 (Ch) (25 March 2025)

The appeal was dismissed because the Master correctly found that the proposed amendments were late, risked the trial date, lacked proper explanation for delay, and were not supported by sufficient evidence or proper particularisation to establish a real prospect of success for the defences of estoppel, waiver, or laches.

Citation
[2025] EWHC 712 (Ch)
Parties
Claimant: IDDQD Limited; Defendant: Codeberry Limited; Defendant: Lee Paul Smith
Jurisdiction
England and Wales
Judgment Date
25 March 2025
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Amend Defence
Outcome
Appeal dismissed
Legal Topics
Amendment of Pleadings, Estoppel, Waiver, Laches, Database Right, Copyright Infringement, Case Management
Intellectual Property Civil Procedure Amendment of Pleadings Estoppel Waiver Laches Database Right Copyright Infringement +1 more

Case Brief

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Parties

IDDQD Limited

Claimant

Codeberry Limited

Defendant

Lee Paul Smith

Defendant

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Amend Defence

Legal Issues

  1. 1 Whether the Master erred in refusing permission to amend the Defence to plead waiver, consent, laches, and estoppel
  2. 2 Whether the proposed amendments were supported by sufficient evidence and properly particularised
  3. 3 Whether the timing of the application justified refusal of permission

Ratio Decidendi

The appeal was dismissed because the Master correctly found that the proposed amendments were late, risked the trial date, lacked proper explanation for delay, and were not supported by sufficient evidence or proper particularisation to establish a real prospect of success for the defences of estoppel, waiver, or laches.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend Defence refused
  • No change to trial timetable