Societa Esplosivi Industriali SPA v Ordnance Technologies Ltd. & Ors

Societa Esplosivi Industriali SPA v Ordnance Technologies Ltd. & Ors

Clauses 3c and 3d of the third Teaming Agreement are not void as unreasonable restraints of trade; SEI (UK) breached contract and fiduciary duties by contracting directly and failing to account for intellectual property rights; SEI is entitled to an inquiry into damages for breaches; personal liability attaches to...

Source-derived case information.

Parties
Claimant: Societa Esplosivi Industriali S.p.A.; Defendant: Ordnance Technologies Limited (formerly SEI (UK) Limited); Defendant: Impact Sciences Limited; Defendant: Stephen Keith Cardy; Defendant: Robin Moat; Defendant: David Haigh
Jurisdiction
England and Wales
Judgment Date
21 January 2004
Procedural Posture
Commercial / Judgment
Outcome
SEI (UK) found liable for breach of contract and fiduciary duty; Mr Cardy personally liable for inducing breach of contract; inquiry into damages ordered; claims for conversion, design right infringement, passing off, and trademark infringement dismissed.
Legal Topics
Restraint of Trade, Breach of Contract, Fiduciary Duty, Design Right, Passing Off, Trademark Infringement, Confidential Information, Inducing Breach of Contract, Dishonest Assistance
Contract Law Intellectual Property Agency Law Competition Law Tort Law Restraint of Trade Breach of Contract Fiduciary Duty +6 more

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Parties

Societa Esplosivi Industriali S.p.A.

Claimant

Ordnance Technologies Limited (formerly SEI (UK) Limited)

Defendant

Impact Sciences Limited

Defendant

Stephen Keith Cardy

Defendant

Robin Moat

Defendant

David Haigh

Defendant

Procedural Posture

Commercial / Judgment

Legal Issues

  1. 1 Validity of restraint of trade clauses in Teaming Agreement
  2. 2 Allocation and scope of intellectual property rights
  3. 3 Breach of contract and fiduciary duty by SEI (UK)

Ratio Decidendi

Clauses 3c and 3d of the third Teaming Agreement are not void as unreasonable restraints of trade; SEI (UK) breached contract and fiduciary duties by contracting directly and failing to account for intellectual property rights; SEI is entitled to an inquiry into damages for breaches; personal liability attaches to Mr Cardy for inducing breach of contract; claims for conversion, design right infringement, and passing off fail due to consent or lack of damage.

Court Disposition

SEI (UK) found liable for breach of contract and fiduciary duty; Mr Cardy personally liable for inducing breach of contract; inquiry into damages ordered; claims for conversion, design right infringement, passing off, and trademark infringement dismissed.

Orders

  • Inquiry into damages for breach of contract and fiduciary duty by SEI (UK) and Mr Cardy.
  • Dismissal of claims against Mr Moat and Mr Haigh.