The Edge Interactive Media Inc & Anor v Future Publishing Ltd [2017] EWHC 3122 (Ch) (15 November 2017)

The Edge Interactive Media Inc & Anor v Future Publishing Ltd [2017] EWHC 3122 (Ch) (15 November 2017)

The Hearing Officer's decision on the continued effectiveness of the power of attorney after termination of the CTA was necessary for his determination of the validity of the July 2012 deed of assignment and thus gives rise to cause of action and issue estoppel, precluding the claimants from re-litigating the issue. The Master's decision to strike out the claim for declaratory relief was correct.

Citation
[2017] EWHC 3122 (Ch)
Parties
Claimant: The Edge Interactive Media Inc; Claimant: Edge Games Inc; Defendant: Future Publishing Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2017
Procedural Posture
Appeal / Judgment on Appeal From Order Striking Out Claim for Declaratory Relief
Outcome
Appeal dismissed
Legal Topics
Trade Marks, Power of Attorney, Cause of Action Estoppel, Issue Estoppel, Assignment of Rights, Summary Judgment, Abuse of Process
Intellectual Property Contract Law Civil Procedure Trade Marks Power of Attorney Cause of Action Estoppel Issue Estoppel Assignment of Rights +2 more

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Parties

The Edge Interactive Media Inc

Claimant

Edge Games Inc

Claimant

Future Publishing Limited

Defendant

Procedural Posture

Appeal / Judgment on Appeal From Order Striking Out Claim for Declaratory Relief

Legal Issues

  1. 1 Whether the claimants are estopped from asserting the subsistence of a power of attorney under the Concurrent Trading Agreement (CTA) after its termination
  2. 2 Whether the Hearing Officer's decision on the power of attorney was necessary and binding or merely obiter
  3. 3 Whether the claim for declaratory relief should be struck out as an abuse of process or for lack of real prospect of success

Ratio Decidendi

The Hearing Officer's decision on the continued effectiveness of the power of attorney after termination of the CTA was necessary for his determination of the validity of the July 2012 deed of assignment and thus gives rise to cause of action and issue estoppel, precluding the claimants from re-litigating the issue. The Master's decision to strike out the claim for declaratory relief was correct.

Court Disposition

Appeal dismissed

Orders

  • Claim for declaratory relief remains struck out
  • Claimants to pay defendant's costs summarily assessed at £22,674 within 14 days