77M Ltd v Ordnance Survey Ltd [2018] EWHC 3524 (Pat) (14 December 2018)

77M Ltd v Ordnance Survey Ltd [2018] EWHC 3524 (Pat) (14 December 2018)

Given the ambiguity and conflicting provisions in the contractual documents, and the need to consider the factual matrix, it cannot be said that 77M has no real prospect of success. Therefore, summary judgment is inappropriate.

Citation
[2018] EWHC 3524 (Pat)
Parties
Claimant: 77M LIMITED; Defendant: ORDNANCE SURVEY LIMITED; Part 20 Claimant: GEOPLACE LLP; Part 20 Defendant: THE KEEPER OF PUBLIC RECORDS
Jurisdiction
England and Wales
Judgment Date
14 December 2018
Procedural Posture
Intellectual Property / Application for Partial Summary Judgment
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Interpretation of Contracts, Inducing Breach of Contract, Costs Orders
Contract Law Intellectual Property Summary Judgment Interpretation of Contracts Inducing Breach of Contract Costs Orders

Case Brief

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Parties

77M LIMITED

Claimant

ORDNANCE SURVEY LIMITED

Defendant

GEOPLACE LLP

Part 20 Claimant

THE KEEPER OF PUBLIC RECORDS

Part 20 Defendant

Procedural Posture

Intellectual Property / Application for Partial Summary Judgment

Legal Issues

  1. 1 Whether the contract between 77M and HMLR was for a one-off service or an ongoing service
  2. 2 Whether Ordnance Survey induced a breach of contract by HMLR
  3. 3 Whether summary judgment is appropriate given the contractual ambiguity

Ratio Decidendi

Given the ambiguity and conflicting provisions in the contractual documents, and the need to consider the factual matrix, it cannot be said that 77M has no real prospect of success. Therefore, summary judgment is inappropriate.

Court Disposition

Application for summary judgment dismissed

Orders

  • Ordnance Survey's application for summary judgment is dismissed.
  • Ordnance Survey to pay 77M £15,000 on account of costs for the summary judgment application.