Fraser & Ors v Oystertec Plc & Ors

Fraser & Ors v Oystertec Plc & Ors

Permission to amend pleadings to add claims of knowing receipt and imputation of knowledge against Oystertec is granted, conditional on payment into court for security for costs, except as regards claims by Easyrad which require further court permission for derivative proceedings. Joinder of Mr Warburton as defendant is refused to preserve the trial date. Issues of imputation of knowledge and knowing receipt are arguable and should be determined at trial.

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
Civil / Ruling on Application to Amend Pleadings and Join Additional Defendant
Outcome
Application to amend allowed in part, refused in part; joinder of Mr Warburton refused; amendments allowed conditionally; derivative claim amendments by Easyrad deferred pending further permission.
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

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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

Civil / Ruling on Application to Amend Pleadings and Join Additional Defendant

Legal Issues

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

Ratio Decidendi

Permission to amend pleadings to add claims of knowing receipt and imputation of knowledge against Oystertec is granted, conditional on payment into court for security for costs, except as regards claims by Easyrad which require further court permission for derivative proceedings. Joinder of Mr Warburton as defendant is refused to preserve the trial date. Issues of imputation of knowledge and knowing receipt are arguable and should be determined at trial.

Court Disposition

Application to amend allowed in part, refused in part; joinder of Mr Warburton refused; amendments allowed conditionally; derivative claim amendments by Easyrad deferred pending further permission.

Orders

  • Uncontested amendments and amendments to paragraph 7 allowed
  • Amendments to claim by Easyrad disallowed at this stage