John Lobb Ltd v John Lobb SAS [2021] EWHC 1226 (Ch) (24 May 2021)

John Lobb Ltd v John Lobb SAS [2021] EWHC 1226 (Ch) (24 May 2021)

The defendant's application is dismissed because the claimant's case on common mistake and limitation is not bound to fail and has a real prospect of success; the issues are unsuitable for summary disposal and require findings of fact at trial.

Citation
[2021] EWHC 1226 (Ch)
Parties
Claimant: John Lobb Limited; Defendant: John Lobb SAS
Jurisdiction
England and Wales
Judgment Date
24 May 2021
Procedural Posture
Intellectual Property / Contract / Application by Defendant to Strike Out Claim or for Summary Judgment Under CPR 3.4(2)(a) and CPR 24.2
Outcome
Defendant's application to strike out or for summary judgment dismissed.
Legal Topics
Common Mistake, Declaratory Relief, Limitation Periods, Summary Judgment, Trade Marks
Contract Law Intellectual Property Law Civil Procedure Common Mistake Declaratory Relief Limitation Periods Summary Judgment Trade Marks

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 2 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Lobb Limited

Claimant

John Lobb SAS

Defendant

Procedural Posture

Intellectual Property / Contract / Application by Defendant to Strike Out Claim or for Summary Judgment Under CPR 3.4(2)(a) and CPR 24.2

Legal Issues

  1. 1 Whether the 2008 Agreement is void ab initio for common mistake
  2. 2 Whether the claim is precluded by limitation under section 5 of the Limitation Act 1980
  3. 3 Whether the claim should be struck out or disposed of summarily

Ratio Decidendi

The defendant's application is dismissed because the claimant's case on common mistake and limitation is not bound to fail and has a real prospect of success; the issues are unsuitable for summary disposal and require findings of fact at trial.

Court Disposition

Defendant's application to strike out or for summary judgment dismissed.

Orders

  • Claim to proceed to trial.