Niche Products Ltd v MacDermid Offshore Solutions LLC

Niche Products Ltd v MacDermid Offshore Solutions LLC

The claim for malicious falsehood survives strike out and summary judgment because the pleaded statements relate to the claimant's technical report, the mechanism for pecuniary damage (lost sales) is properly articulated, and the malice plea is sufficiently particularised. Claims based on reputation and management time are struck out. The claim is not an abuse of process under Jameel principles.

Parties
Claimant: Niche Products Limited; Defendant: MacDermid Offshore Solutions LLC
Jurisdiction
England and Wales
Judgment Date
14 November 2013
Procedural Posture
Malicious Falsehood, Copyright, Misuse of Confidential Information / Ruling on Application to Strike Out And/or Summary Judgment
Outcome
Application to strike out and for summary judgment dismissed in respect of malicious falsehood claim; partial amendments to pleadings allowed; claims based on reputation and management time struck out.
Legal Topics
Malicious Falsehood, Pecuniary Damage, Malice, Declaratory Relief, Strike Out Application, Summary Judgment
Tort Intellectual Property Malicious Falsehood Pecuniary Damage Malice Declaratory Relief Strike Out Application Summary Judgment

Case Brief

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Parties

Niche Products Limited

Claimant

MacDermid Offshore Solutions LLC

Defendant

Procedural Posture

Malicious Falsehood, Copyright, Misuse of Confidential Information / Ruling on Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the claim for malicious falsehood should be struck out for lack of reasonable grounds
  2. 2 Whether the claim is sufficiently particularised as to damage and malice
  3. 3 Whether the statements complained of relate to the claimant's goods or business

Ratio Decidendi

The claim for malicious falsehood survives strike out and summary judgment because the pleaded statements relate to the claimant's technical report, the mechanism for pecuniary damage (lost sales) is properly articulated, and the malice plea is sufficiently particularised. Claims based on reputation and management time are struck out. The claim is not an abuse of process under Jameel principles.

Court Disposition

Application to strike out and for summary judgment dismissed in respect of malicious falsehood claim; partial amendments to pleadings allowed; claims based on reputation and management time struck out.

Orders

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