Cinpres Gas Injection Ltd v Melea Ltd [2005] EWHC 3180 (Pat) (14 December 2005)

Cinpres Gas Injection Ltd v Melea Ltd [2005] EWHC 3180 (Pat) (14 December 2005)

The injunction granted by Patten J was procedurally flawed due to lack of notice and inadequate evidentiary safeguards. The scope of the injunction was too wide and could inhibit legitimate litigation steps. The order should be discharged and replaced with a narrower injunction restricting contact between Mr. Ladney and Mr. Hendry relating to matters in issue, except through instructed lawyers.

Citation
[2005] EWHC 3180 (Pat)
Parties
Claimant: CINPRES GAS INJECTION LIMITED; Defendant: MELEA LIMITED
Jurisdiction
England and Wales
Judgment Date
14 December 2005
Procedural Posture
Application to Set Aside Injunction / Post Injunction, Hearing to Discharge or Vary Order
Outcome
Patten J's injunction discharged; new injunction granted with narrower scope.
Legal Topics
Witness Interference, Procedural Safeguards, Scope of Injunction, Entitlement to Patent
Civil Procedure Intellectual Property Patents Witness Interference Procedural Safeguards Scope of Injunction Entitlement to Patent

Case Brief

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Parties

CINPRES GAS INJECTION LIMITED

Claimant

MELEA LIMITED

Defendant

Procedural Posture

Application to Set Aside Injunction / Post Injunction, Hearing to Discharge or Vary Order

Legal Issues

  1. 1 Whether the injunction granted by Patten J should be set aside or varied
  2. 2 Whether procedural safeguards were observed in granting the injunction
  3. 3 Whether the scope of the injunction was appropriate

Ratio Decidendi

The injunction granted by Patten J was procedurally flawed due to lack of notice and inadequate evidentiary safeguards. The scope of the injunction was too wide and could inhibit legitimate litigation steps. The order should be discharged and replaced with a narrower injunction restricting contact between Mr. Ladney and Mr. Hendry relating to matters in issue, except through instructed lawyers.

Court Disposition

Patten J's injunction discharged; new injunction granted with narrower scope.

Orders

  • Substitute injunction restraining any contact by or on behalf of Mr. Ladney with Mr. Hendry relating to any matter in issue in this action or to any evidence which he has or might in the future give, except through lawyers instructed by both parties.
  • No other order made; costs to be determined.