IDDQD Limited v Codeberry Limited & Anor

IDDQD Limited v Codeberry Limited & Anor

The Master was entitled to refuse permission to amend as the proposed defences of estoppel, waiver, and laches were not supported by sufficient evidence or proper pleading, the application was late without proper explanation, and allowing the amendment would disrupt the trial timetable.

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
Civil Procedure Intellectual Property Amendment of Pleadings Estoppel Waiver Laches Database Right Copyright Infringement

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 estoppel, waiver, and laches
  2. 2 Whether the proposed amendments were properly particularised and supported by evidence
  3. 3 Whether delay in applying to amend justified refusal

Ratio Decidendi

The Master was entitled to refuse permission to amend as the proposed defences of estoppel, waiver, and laches were not supported by sufficient evidence or proper pleading, the application was late without proper explanation, and allowing the amendment would disrupt the trial timetable.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend Defence refused