Lilley v Financial Times Ltd

Lilley v Financial Times Ltd

The claims are statute-barred under the Limitation Act as the alleged infringing acts occurred more than six years before the claims were issued. The claimant lacks standing due to bankruptcy, as the cause of action vested in the trustee. The manner and content of the pleadings and applications constitute an abuse of process. The applications for pre-action disclosure are without merit. The proceedings are struck out.

Parties
Claimant: Victor Lilley; Defendant: Financial Times Ltd; Defendant: The Chartered Institute of Procurement and Supply
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Civil / Judgment on Applications for Summary Judgment And/or Strike Out
Outcome
Claims and applications dismissed; proceedings struck out as totally without merit.
Legal Topics
Copyright Infringement, Limitation of Actions, Abuse of Process, Standing of Bankrupt Claimants, Summary Judgment, Strike Out Applications
Intellectual Property Bankruptcy Civil Procedure Copyright Infringement Limitation of Actions Abuse of Process Standing of Bankrupt Claimants Summary Judgment +1 more

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Parties

Victor Lilley

Claimant

Financial Times Ltd

Defendant

The Chartered Institute of Procurement and Supply

Defendant

Procedural Posture

Civil / Judgment on Applications for Summary Judgment And/or Strike Out

Legal Issues

  1. 1 Whether the claims are statute-barred under the Limitation Act
  2. 2 Whether the claimant has standing to sue due to bankruptcy
  3. 3 Whether the claims are an abuse of process (including Jameel basis)

Ratio Decidendi

The claims are statute-barred under the Limitation Act as the alleged infringing acts occurred more than six years before the claims were issued. The claimant lacks standing due to bankruptcy, as the cause of action vested in the trustee. The manner and content of the pleadings and applications constitute an abuse of process. The applications for pre-action disclosure are without merit. The proceedings are struck out.

Court Disposition

Claims and applications dismissed; proceedings struck out as totally without merit.

Orders

  • Claims against Financial Times Ltd and The Chartered Institute of Procurement and Supply struck out as totally without merit.
  • Applications for pre-action disclosure and to set aside previous orders dismissed as totally without merit.