IT Human Resources Plc v Land

IT Human Resources Plc v Land

Land did not have permission from ITHR to provide Interact software to Nationwide; his actions constituted copyright infringement and breach of fiduciary duty. The limitation period was extended due to deliberate concealment, so the claims were not statute barred. Land was not entitled to relief under section 1157 as he acted dishonestly and unreasonably.

Parties
Claimant: IT Human Resources plc; Defendant: David Land
Jurisdiction
England and Wales
Judgment Date
17 November 2014
Procedural Posture
Civil / Judgment
Outcome
Claim allowed in part; counterclaim allowed.
Legal Topics
Copyright Infringement, Fiduciary Duties, Limitation of Actions, Breach of Duty, Remedies, Director's Duties
Intellectual Property Company Law Copyright Infringement Fiduciary Duties Limitation of Actions Breach of Duty Remedies Director's Duties

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Parties

IT Human Resources plc

Claimant

David Land

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant infringed copyright in Interact software by providing it to Nationwide without permission
  2. 2 Whether the defendant breached fiduciary duties owed to the claimant
  3. 3 Whether the claims are statute barred or limitation is extended by deliberate concealment

Ratio Decidendi

Land did not have permission from ITHR to provide Interact software to Nationwide; his actions constituted copyright infringement and breach of fiduciary duty. The limitation period was extended due to deliberate concealment, so the claims were not statute barred. Land was not entitled to relief under section 1157 as he acted dishonestly and unreasonably.

Court Disposition

Claim allowed in part; counterclaim allowed.

Orders

  • Inquiry or account of profits ordered for copyright infringement and breach of fiduciary duty.
  • Counterclaim for unpaid director fees (£1,750) allowed.