John Lobb Ltd v John Lobb SAS

John Lobb Ltd v John Lobb SAS

The defendant's application to strike out the claim or for summary judgment is dismissed because the claimant has a real prospect of success on the issues of common mistake and limitation, and the law in this area is not sufficiently settled to warrant summary disposal.

Parties
Claimant: John Lobb Limited; Defendant: John Lobb SAS
Jurisdiction
England and Wales
Judgment Date
24 May 2021
Procedural Posture
Civil (intellectual Property/contract) / Application to Strike Out Claim or for Summary Judgment
Outcome
Defendant's application dismissed
Legal Topics
Common Mistake, Declaratory Relief, Limitation of Actions, Trade Marks, Summary Judgment, Contractual Estoppel
Contract Law Intellectual Property Law Common Mistake Declaratory Relief Limitation of Actions Trade Marks Summary Judgment Contractual Estoppel

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Parties

John Lobb Limited

Claimant

John Lobb SAS

Defendant

Procedural Posture

Civil (intellectual Property/contract) / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Whether the 2008 Agreement is void ab initio for common mistake
  2. 2 Whether the claim is precluded by contractual estoppel
  3. 3 Whether the claim is time-barred under the Limitation Act 1980

Ratio Decidendi

The defendant's application to strike out the claim or for summary judgment is dismissed because the claimant has a real prospect of success on the issues of common mistake and limitation, and the law in this area is not sufficiently settled to warrant summary disposal.

Court Disposition

Defendant's application dismissed

Orders

  • Application to strike out the claim or for summary judgment is dismissed.