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 any reasonable grounds for bringing the claim, lacked material facts necessary for the alleged causes of action, and there was no real prospect of success. The evidence showed that the television programme in question was developed independently of...

Source-derived case information.

Citation
[2014] EWHC 692 (QB)
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 / Application to Strike Out And/or Summary Judgment
Outcome
Claim struck out; summary judgment for defendants; extended civil restraint order made against claimant.
Legal Topics
Strike Out Applications, Summary Judgment, Fraudulent Misrepresentation, Breach of Confidence, Conspiracy to Injure, Civil Restraint Orders
Civil Procedure Intellectual Property Tort Strike Out Applications Summary Judgment Fraudulent Misrepresentation Breach of Confidence Conspiracy to Injure +1 more

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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 / Application to Strike Out And/or Summary Judgment

  1. 1 Whether the claimant's pleadings disclose any reasonable grounds for bringing the claim
  2. 2 Whether the claim has any real prospect of success
  3. 3 Whether the claim should be struck out under CPR r.3.4 or summary judgment granted under CPR r.24

Ratio Decidendi

The claim was struck out because the pleadings failed to disclose any reasonable grounds for bringing the claim, lacked material facts necessary for the alleged causes of action, and there was no real prospect of success. The evidence showed that the television programme in question was developed independently of the claimant's proposals. The claimant's applications were totally without merit, justifying an extended civil restraint order.

Court Disposition

Claim struck out; summary judgment for defendants; extended civil restraint order made against claimant.

Orders

  • The claim is struck out in its entirety.
  • The claimant's application for summary judgment is dismissed.