Fraser & Ors v Oystertec Plc & Ors [2004] EWHC 2225 (Ch) (06 October 2004)

Fraser & Ors v Oystertec Plc & Ors [2004] EWHC 2225 (Ch) (06 October 2004)

Permission to amend is granted for uncontested amendments and those relating to imputation of knowledge to Oystertec, conditional on payment into court of £35,000 for security for costs. Permission to amend the derivative claim by Easyrad is refused at this stage pending further court approval. Joinder of Mr Warburton as a defendant is refused to avoid jeopardising the trial date.

Citation
[2004] EWHC 2225 (Ch)
Parties
Claimant: Michael Bruce Fraser; Claimant: Agatha Shuk-Yee Wong-Fraser; Claimant: Davidson Tools Limited; Claimant: Sankey Product Developments Limited; Defendant: Oystertec PLC; Defendant: Paul Anthony Davidson; Defendant: Adrian Philip Binney; Defendant: Easyrad Limited; Proposed Defendant: Mr Warburton
Jurisdiction
England and Wales
Judgment Date
06 October 2004
Procedural Posture
Chancery Division Civil Claim / Application for Permission to Amend Pleadings and Join Additional Defendant
Outcome
Application granted in part, refused in part, with conditions.
Legal Topics
Derivative Actions, Breach of Fiduciary Duty, Constructive Trusts, Knowing Receipt, Imputation of Knowledge, Amendment of Pleadings, Security for Costs
Equity Company Law Intellectual Property Derivative Actions Breach of Fiduciary Duty Constructive Trusts Knowing Receipt Imputation of Knowledge +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Michael Bruce Fraser

Claimant

Agatha Shuk-Yee Wong-Fraser

Claimant

Davidson Tools Limited

Claimant

Sankey Product Developments Limited

Claimant

Oystertec PLC

Defendant

Paul Anthony Davidson

Defendant

Adrian Philip Binney

Defendant

Easyrad Limited

Defendant

Mr Warburton

Proposed Defendant

Procedural Posture

Chancery Division Civil Claim / Application for Permission to Amend Pleadings and Join Additional Defendant

Legal Issues

  1. 1 Whether permission should be granted to amend pleadings to add claims of knowing receipt and imputation of knowledge to Oystertec
  2. 2 Whether Mr Warburton should be joined as a defendant
  3. 3 Whether amendments to the derivative claim on behalf of Easyrad should be permitted

Ratio Decidendi

Permission to amend is granted for uncontested amendments and those relating to imputation of knowledge to Oystertec, conditional on payment into court of £35,000 for security for costs. Permission to amend the derivative claim by Easyrad is refused at this stage pending further court approval. Joinder of Mr Warburton as a defendant is refused to avoid jeopardising the trial date.

Court Disposition

Application granted in part, refused in part, with conditions.

Orders

  • Permission granted for uncontested amendments and amendments to paragraph 7.
  • Permission to amend the claim by Easyrad refused at this stage.