The Kennel Club Ltd v Micro-ID Ltd

The Kennel Club Ltd v Micro-ID Ltd

The Claimant is entitled to the debt claimed as the Defendant failed to prove a valid set-off for breach of contract or database right infringement. The Claimant breached clause 2.1.3 by not always entering registration forms within five working days and breached clause 6 by using data for marketing insurance, but the Defendant failed to prove any substantial loss or database right infringement. Only nominal damages and a small buyout fee are awarded as set-off. Contractual interest applies.

Parties
Claimant: The Kennel Club Limited; Defendant: Micro-ID Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2019
Procedural Posture
Civil (contract/intellectual Property) / Judgment After Full Trial
Outcome
Claim allowed subject to set-off; Defendant awarded nominal damages and a buyout fee as set-off; no database right infringement found; contractual interest applies.
Legal Topics
Breach of Contract, Database Right, Set Off, Damages, Interest on Commercial Debt
Contract Law Intellectual Property Law Breach of Contract Database Right Set Off Damages Interest on Commercial Debt

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Parties

The Kennel Club Limited

Claimant

Micro-ID Limited

Defendant

Procedural Posture

Civil (contract/intellectual Property) / Judgment After Full Trial

Legal Issues

  1. 1 What is the correct construction of clauses 2.1 and 6 of the Agreement?
  2. 2 Did the Claimant breach the Agreement?
  3. 3 Did the Claimant infringe database right?

Ratio Decidendi

The Claimant is entitled to the debt claimed as the Defendant failed to prove a valid set-off for breach of contract or database right infringement. The Claimant breached clause 2.1.3 by not always entering registration forms within five working days and breached clause 6 by using data for marketing insurance, but the Defendant failed to prove any substantial loss or database right infringement. Only nominal damages and a small buyout fee are awarded as set-off. Contractual interest applies.

Court Disposition

Claim allowed subject to set-off; Defendant awarded nominal damages and a buyout fee as set-off; no database right infringement found; contractual interest applies.

Orders

  • Claimant awarded £123,843.03 less set-off of £401.
  • Defendant awarded £1 nominal damages for breach of clause 2.1.3.