Blue Power Group SARL & Ors v ENI Norge SA & Ors

Blue Power Group SARL & Ors v ENI Norge SA & Ors

Claimants permitted to amend pleadings to rely on the Document as its authenticity cannot be conclusively determined at this stage; Tariff Model Claims struck out due to lack of particulars and sustainable cause of action; defendants granted specific inspection of USB stick under terms previously agreed; claimants ordered to pay costs thrown away by amendments, with interim payment set at £735,500.

Parties
Claimant: Blue Power Group SARL; Claimant: Blue Wave Co SA; Claimant: Blue MGMT Ltd; Defendant: ENI Norge SA; Defendant: ENI SPA; Defendant: ENIPROGETTI SPA (formerly known as Tecnomare SPA)
Jurisdiction
England and Wales
Judgment Date
06 December 2019
Procedural Posture
Commercial Civil / Interlocutory Directions Hearing
Outcome
Amendment application allowed in part; Tariff Model Claims struck out; specific inspection of USB stick granted; costs orders made.
Legal Topics
Amendment of Pleadings, Strike Out Applications, Breach of Confidence, Database Rights, Case Management, Specific Inspection, Costs
Commercial Law Civil Procedure Intellectual Property Amendment of Pleadings Strike Out Applications Breach of Confidence Database Rights Case Management +2 more

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Parties

Blue Power Group SARL

Claimant

Blue Wave Co SA

Claimant

Blue MGMT Ltd

Claimant

ENI Norge SA

Defendant

ENI SPA

Defendant

ENIPROGETTI SPA (formerly known as Tecnomare SPA)

Defendant

Procedural Posture

Commercial Civil / Interlocutory Directions Hearing

Legal Issues

  1. 1 Whether claimants may amend pleadings to rely on a disputed document
  2. 2 Whether Tariff Model Claims should be struck out or stayed
  3. 3 Whether defendants are entitled to specific inspection of a USB stick

Ratio Decidendi

Claimants permitted to amend pleadings to rely on the Document as its authenticity cannot be conclusively determined at this stage; Tariff Model Claims struck out due to lack of particulars and sustainable cause of action; defendants granted specific inspection of USB stick under terms previously agreed; claimants ordered to pay costs thrown away by amendments, with interim payment set at £735,500.

Court Disposition

Amendment application allowed in part; Tariff Model Claims struck out; specific inspection of USB stick granted; costs orders made.

Orders

  • Claimants permitted to amend pleadings to rely on the Document.
  • Tariff Model Claims struck out.