Niche Products Ltd v MacDermid Offshore Solutions LLC [2013] EWHC 3540 (IPEC) (14 November 2013)

Niche Products Ltd v MacDermid Offshore Solutions LLC [2013] EWHC 3540 (IPEC) (14 November 2013)

The claim for malicious falsehood is properly arguable and should not be struck out or summarily dismissed. The statements in the MacDermid Letter, while primarily about the defendant's own product, expressly referred to and characterised the claimant's report as misleading and erroneous, thus relating to the...

Source-derived case information.

Citation
[2013] EWHC 3540 (IPEC)
Parties
Claimant: Niche Products Limited; Defendant: MacDermid Offshore Solutions LLC
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Malicious Falsehood Claim (with Ancillary Copyright and Confidential Information Claims) / Application to Strike Out Claim or for Summary Judgment Prior to Trial
Outcome
Application to strike out or for summary judgment dismissed (except as to certain aspects of the pleadings)
Legal Topics
Malicious Falsehood, Defamation, Pecuniary Damage, Summary Judgment, Strike Out Applications, Freedom of Expression
Tort Law Intellectual Property Malicious Falsehood Defamation Pecuniary Damage Summary Judgment Strike Out Applications Freedom of Expression

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Parties

Niche Products Limited

Claimant

MacDermid Offshore Solutions LLC

Defendant

Procedural Posture

Malicious Falsehood Claim (with Ancillary Copyright and Confidential Information Claims) / Application to Strike Out Claim or for Summary Judgment Prior to Trial

Legal Issues

  1. 1 Whether the claim in malicious falsehood should be struck out or summary judgment granted for the defendant
  2. 2 Whether the pleaded case discloses a reasonable cause of action for malicious falsehood
  3. 3 Whether the statements complained of relate to the claimant's goods or business

Ratio Decidendi

The claim for malicious falsehood is properly arguable and should not be struck out or summarily dismissed. The statements in the MacDermid Letter, while primarily about the defendant's own product, expressly referred to and characterised the claimant's report as misleading and erroneous, thus relating to the claimant's business interests. The claimant has sufficiently pleaded a mechanism by which pecuniary damage (lost sales) could result. The malice plea, subject to removal of references to what a reasonable person would have known, is adequately particularised. The claim is not an abuse of process under the Jameel principle. However, claims based on damage to reputation and management...

Court Disposition

Application to strike out or for summary judgment dismissed (except as to certain aspects of the pleadings)

Orders

  • Malicious falsehood claim to proceed to trial
  • Claims based on damage to reputation and management time struck out