MX1 Ltd & Anor v Farahzad

MX1 Ltd & Anor v Farahzad

The claims for lawful means conspiracy and unlawful means conspiracy were defectively pleaded. The lawful means conspiracy claim failed to properly plead the object/purpose of the alleged conspirators and their states of mind. The unlawful means conspiracy claim failed to plead the basis for confidentiality and the Defendant's knowledge. The applicable law under Rome II Regulation is determined by where the damage occurs, and where damage occurs in several countries, multiple laws may apply. Subject to possible amendment, the claims as pleaded could not proceed.

Parties
Claimant: MX1 Limited; Claimant: SES S.A.; Defendant: Fardad Farahzad
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Civil / Interlocutory Application for Strike Out/summary Judgment
Outcome
Claimants' claims for lawful means conspiracy and unlawful means conspiracy struck out, with leave to apply to amend within 14 days.
Legal Topics
Conspiracy, Lawful Means Conspiracy, Unlawful Means Conspiracy, Breach of Confidence, Applicable Law, Rome II Regulation
Tort Conflict of Laws Conspiracy Lawful Means Conspiracy Unlawful Means Conspiracy Breach of Confidence Applicable Law Rome II Regulation

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Parties

MX1 Limited

Claimant

SES S.A.

Claimant

Fardad Farahzad

Defendant

Procedural Posture

Civil / Interlocutory Application for Strike Out/summary Judgment

Legal Issues

  1. 1 Whether the claim for lawful means conspiracy is properly pleaded
  2. 2 Whether English law or foreign law applies to the claim under Rome II Regulation
  3. 3 Whether the claim for unlawful means conspiracy is properly pleaded

Ratio Decidendi

The claims for lawful means conspiracy and unlawful means conspiracy were defectively pleaded. The lawful means conspiracy claim failed to properly plead the object/purpose of the alleged conspirators and their states of mind. The unlawful means conspiracy claim failed to plead the basis for confidentiality and the Defendant's knowledge. The applicable law under Rome II Regulation is determined by where the damage occurs, and where damage occurs in several countries, multiple laws may apply. Subject to possible amendment, the claims as pleaded could not proceed.

Court Disposition

Claimants' claims for lawful means conspiracy and unlawful means conspiracy struck out, with leave to apply to amend within 14 days.

Orders

  • Paragraphs 19 to 21 of the draft Amended Particulars of Claim struck out.
  • Unlawful means conspiracy plea struck out.