Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors [2014] EWHC 692 (QB) (19 March 2014)

Mensah (t/a 37 Days 3 Hours 9 Minutes Creative) v Darroch & Ors [2014] EWHC 692 (QB) (19 March 2014)

The claim was struck out because the pleadings failed to disclose material facts necessary for the alleged causes of action, and evidence showed SingDate was developed independently. No case with real prospect of success could be pleaded. Persistent meritless applications justified an extended civil restraint order.

Citation
[2014] EWHC 692
Parties
Claimant: David Mensah trading as 37 Days 3 Hours 9 Minutes Creative; Defendant: Jeremy Darroch; Defendant: Duncan Gray; Defendant: Mark Rowland; Defendant: British Sky Broadcasting Limited; Defendant: Shine Group; Defendant: Indie Media Group; Defendant: Hannah Dodson; Defendant: Channel Four Television Corporation; Defendant: ITV PLC
Jurisdiction
England and Wales
Judgment Date
19 March 2014
Procedural Posture
Civil / Strike Out and Summary Judgment Applications
Outcome
Claim struck out as totally without merit; summary judgment application dismissed; extended civil restraint order imposed for two years.
Legal Topics
Fraudulent Misrepresentation, Breach of Confidence, Conspiracy to Injure, Civil Restraint Orders
Civil Procedure Intellectual Property Tort Fraudulent Misrepresentation Breach of Confidence Conspiracy to Injure Civil Restraint Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Mensah trading as 37 Days 3 Hours 9 Minutes Creative

Claimant

Jeremy Darroch

Defendant

Duncan Gray

Defendant

Mark Rowland

Defendant

British Sky Broadcasting Limited

Defendant

Shine Group

Defendant

Indie Media Group

Defendant

Hannah Dodson

Defendant

Channel Four Television Corporation

Defendant

ITV PLC

Defendant

Procedural Posture

Civil / Strike Out and Summary Judgment Applications

Legal Issues

  1. 1 Whether the claimant's pleadings disclose reasonable grounds for bringing claims of fraudulent misrepresentation, breach of confidence, breach of fiduciary duty, and conspiracy to injure
  2. 2 Whether the claim should be struck out under CPR r.3.4 or summary judgment entered under CPR r.24.2
  3. 3 Whether an extended civil restraint order should be made

Ratio Decidendi

The claim was struck out because the pleadings failed to disclose material facts necessary for the alleged causes of action, and evidence showed SingDate was developed independently. No case with real prospect of success could be pleaded. Persistent meritless applications justified an extended civil restraint order.

Court Disposition

Claim struck out as totally without merit; summary judgment application dismissed; extended civil restraint order imposed for two years.

Orders

  • Claim struck out in its entirety
  • Summary judgment application dismissed