Societa Esplosivi Industriali SPA v Ordnance Technologies Ltd. & Ors [2004] EWHC 48 (Ch) (21 January 2004)

Societa Esplosivi Industriali SPA v Ordnance Technologies Ltd. & Ors [2004] EWHC 48 (Ch) (21 January 2004)

The court held that SEI (UK) and its directors breached the Teaming and Agency Agreements by diverting the Raytheon dynamic firing test contract and misusing confidential information and intellectual property belonging to SEI. The relevant restraint of trade clauses were reasonable and enforceable. SEI was entitled...

Source-derived case information.

Citation
[2004] EWHC 48 (Ch)
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
Chancery Division Civil Action / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Teaming Agreements, Intellectual Property Rights, Breach of Contract, Restraint of Trade, Agency, Consultancy Agreements
Contract Law Intellectual Property Commercial Law Teaming Agreements Intellectual Property Rights Breach of Contract Restraint of Trade Agency +1 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

Chancery Division Civil Action / Judgment After Trial

Legal Issues

  1. 1 Ownership and exploitation of intellectual property rights under successive Teaming Agreements
  2. 2 Breach of contract and fiduciary duties by SEI (UK) and its directors
  3. 3 Validity and enforceability of restraint of trade clauses

Ratio Decidendi

The court held that SEI (UK) and its directors breached the Teaming and Agency Agreements by diverting the Raytheon dynamic firing test contract and misusing confidential information and intellectual property belonging to SEI. The relevant restraint of trade clauses were reasonable and enforceable. SEI was entitled to declarations as to ownership of IPR, injunctive relief, and an account of profits.

Court Disposition

Judgment for the Claimant

Orders

  • Declaration that SEI owns the relevant foreground and background intellectual property rights as set out in the Teaming Agreements.
  • Injunction restraining SEI (UK) and its directors from exploiting or disclosing SEI's confidential information and IPR.