Total Electrical Solutions UK Limited & Anor v Nortek Electrical Circuits Limited

Total Electrical Solutions UK Limited & Anor v Nortek Electrical Circuits Limited

The Supply Agreement did not assign copyright or design rights to the Claimants, either expressly or by implication. The Claimants' pleadings on joint authorship and design right were vague, incoherent, and insufficiently particularised, failing to disclose reasonable grounds for bringing the claim or a real prospect of success. The relevant parts of the Particulars of Claim were struck out and/or disposed of by summary judgment.

Parties
Claimant: Total Electrical Solutions UK Limited; Claimant: Ardent Limited; Defendant: Nortek Electrical Circuits Limited
Jurisdiction
England and Wales
Judgment Date
04 September 2025
Procedural Posture
Civil (commercial/ip) / Ruling on Application for Strike Out And/or Summary Judgment
Outcome
Application granted; relevant parts of the Particulars of Claim struck out and/or summary judgment entered for the Defendant.
Legal Topics
Copyright, Unregistered Design Right, Contractual Interpretation, Summary Judgment, Strike Out, Pleading Particularisation
Intellectual Property Contract Copyright Unregistered Design Right Contractual Interpretation Summary Judgment Strike Out Pleading Particularisation

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Parties

Total Electrical Solutions UK Limited

Claimant

Ardent Limited

Claimant

Nortek Electrical Circuits Limited

Defendant

Procedural Posture

Civil (commercial/ip) / Ruling on Application for Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the Supply Agreement assigned copyright and design rights to the Claimants
  2. 2 Whether the Claimants' pleadings on joint authorship and design right are sufficiently particularised
  3. 3 Whether the relevant parts of the Particulars of Claim should be struck out or disposed of by summary judgment

Ratio Decidendi

The Supply Agreement did not assign copyright or design rights to the Claimants, either expressly or by implication. The Claimants' pleadings on joint authorship and design right were vague, incoherent, and insufficiently particularised, failing to disclose reasonable grounds for bringing the claim or a real prospect of success. The relevant parts of the Particulars of Claim were struck out and/or disposed of by summary judgment.

Court Disposition

Application granted; relevant parts of the Particulars of Claim struck out and/or summary judgment entered for the Defendant.

Orders

  • Relevant paragraphs of the Particulars of Claim struck out and/or summary judgment entered for the Defendant on those issues.
  • Claimants to pay Defendant's costs summarily assessed at £32,000.