Perry v F H Brundle & Ors

Perry v F H Brundle & Ors

Mr Perry's claim was struck out as any cause of action vested in the Official Receiver due to bankruptcy and the claim was res judicata; his conduct demonstrated persistence in issuing totally unmeritorious claims and applications, justifying an extended civil restraint order.

Source-derived case information.

Parties
Claimant: Richard Perry; Defendant: F H Brundle; Defendant: Betafence Limited; Defendant: Britannia Fasteners Limited
Jurisdiction
England and Wales
Judgment Date
02 October 2015
Procedural Posture
Intellectual Property Infringement and Civil Restraint Order Application / Judgment on Strike Out and Extended Civil Restraint Order
Outcome
Claim struck out; extended civil restraint order granted against claimant.
Legal Topics
Patent Infringement, Civil Restraint Orders, Bankruptcy and Litigation Rights, Strike Out Applications, Summary Judgment
Intellectual Property Civil Procedure Bankruptcy Patent Infringement Civil Restraint Orders Bankruptcy and Litigation Rights Strike Out Applications Summary Judgment

Source-derived case record

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Parties

Richard Perry

Claimant

F H Brundle

Defendant

Betafence Limited

Defendant

Britannia Fasteners Limited

Defendant

Procedural Posture

Intellectual Property Infringement and Civil Restraint Order Application / Judgment on Strike Out and Extended Civil Restraint Order

Legal Issues

  1. 1 Whether the claim should be struck out for lack of standing and res judicata
  2. 2 Whether an extended civil restraint order should be imposed against the claimant

Ratio Decidendi

Mr Perry's claim was struck out as any cause of action vested in the Official Receiver due to bankruptcy and the claim was res judicata; his conduct demonstrated persistence in issuing totally unmeritorious claims and applications, justifying an extended civil restraint order.

Court Disposition

Claim struck out; extended civil restraint order granted against claimant.

Orders

  • Claim struck out in its entirety.
  • Extended civil restraint order imposed against Richard Perry.