BlackBerry Limited v Optiemus Infracom Limited

BlackBerry Limited v Optiemus Infracom Limited

BlackBerry's four-year deliberate delay in pursuing the claim constituted abuse of process, but striking out would be disproportionate given lack of specific prejudice to Optiemus, the claim's arguable merits, and the overriding objective. The automatic stay applied and should be lifted, subject to conditions, and permission to amend was granted as lateness was not prejudicial at this stage.

Parties
Claimant: BlackBerry Limited; Defendant: Optiemus Infracom Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2025
Procedural Posture
Commercial Claim / Ruling on Cross Applications: Strike Out and Lifting of Automatic Stay
Outcome
Claim not struck out; automatic stay lifted; permission to amend granted.
Legal Topics
Abuse of Process, Automatic Stay, Relief From Sanctions, Amendment of Pleadings
Civil Procedure Contract Law Abuse of Process Automatic Stay Relief From Sanctions Amendment of Pleadings

Case Brief

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Parties

BlackBerry Limited

Claimant

Optiemus Infracom Limited

Defendant

Procedural Posture

Commercial Claim / Ruling on Cross Applications: Strike Out and Lifting of Automatic Stay

Legal Issues

  1. 1 Whether the claim should be struck out for abuse of process due to delay
  2. 2 Whether the automatic stay under CPR 15.11 applies and should be lifted
  3. 3 Whether the application to lift the stay is an application for relief from sanctions

Ratio Decidendi

BlackBerry's four-year deliberate delay in pursuing the claim constituted abuse of process, but striking out would be disproportionate given lack of specific prejudice to Optiemus, the claim's arguable merits, and the overriding objective. The automatic stay applied and should be lifted, subject to conditions, and permission to amend was granted as lateness was not prejudicial at this stage.

Court Disposition

Claim not struck out; automatic stay lifted; permission to amend granted.

Orders

  • Optiemus's application to strike out dismissed
  • BlackBerry's application to lift automatic stay granted, subject to conditions on interest to be determined