Leeds Plywood & Doors Limited v Deanta UK Limited
Paragraphs of the claimant's witness statement that were mere commentary on the defendant's documents or alleged unpleaded serial infringement were inadmissible and struck out. The application for further specific disclosure was refused as too broad, vague, and disproportionate so close to trial, except for a limited order to disclose native forms of certain images if not unduly burdensome.
- Parties
- Claimant: Leeds Plywood & Doors Limited; Defendant: Deanta UK Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 06 April 2025
- Procedural Posture
- Intellectual Property Dispute (design Rights/copyright) / Interlocutory Applications (strike Out Evidence and Specific Disclosure)
- Outcome
- Application to strike out parts of witness statements allowed in part; application for further specific disclosure refused except for limited order.
- Legal Topics
- Design Rights, Copyright, Disclosure, Evidentiary Rules, Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Leeds Plywood & Doors Limited
Claimant
Deanta UK Limited
Defendant
Procedural Posture
Intellectual Property Dispute (design Rights/copyright) / Interlocutory Applications (strike Out Evidence and Specific Disclosure)
Legal Issues
- 1 Whether certain paragraphs of the claimant's and defendant's witness statements should be struck out as inadmissible evidence or commentary
- 2 Whether the defendant should be ordered to provide further specific disclosure of documents related to design development
Ratio Decidendi
Paragraphs of the claimant's witness statement that were mere commentary on the defendant's documents or alleged unpleaded serial infringement were inadmissible and struck out. The application for further specific disclosure was refused as too broad, vague, and disproportionate so close to trial, except for a limited order to disclose native forms of certain images if not unduly burdensome.
Court Disposition
Application to strike out parts of witness statements allowed in part; application for further specific disclosure refused except for limited order.
Orders
- Paragraphs 29-49, 51, 52, and 53 of Mr. Gordon's witness statement struck out; paragraphs 50, 54, and 55 remain.
- Second two sentences of paragraph 16 of Mr. O'Toole's witness statement struck out.
Full Case Text
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