Coward Phaestos Ltd & Ors [2021] EWHC 9 (Ch) (08 January 2021)

Coward Phaestos Ltd & Ors [2021] EWHC 9 (Ch) (08 January 2021)

Dr Coward has no right to access the Burns and Steyning Materials for a wide-ranging search, as the permission to apply provision in the order does not confer such entitlement absent a pre-existing right; CPR 31.22 and CPR 31.17 do not assist; any application for disclosure should be made in Cyprus.

Citation
[2021] EWHC 9 (Ch)
Parties
Claimant: Martin John Coward; Defendant: Phaestos Limited; Defendant: Mindimaxnox LLP; Defendant: IKOS CIF Limited; Defendant: IKOS Asset Management Limited
Jurisdiction
England and Wales
Judgment Date
08 January 2021
Procedural Posture
Intellectual Property Claim / Post Trial Application for Access to Forensic Materials
Outcome
Application dismissed
Legal Topics
Ownership of Software, Breach of Confidence, Disclosure Regime, Matrimonial Asset Division, Foreign Proceedings Support
Intellectual Property Civil Procedure Family Law Ownership of Software Breach of Confidence Disclosure Regime Matrimonial Asset Division Foreign Proceedings Support

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Parties

Martin John Coward

Claimant

Phaestos Limited

Defendant

Mindimaxnox LLP

Defendant

IKOS CIF Limited

Defendant

IKOS Asset Management Limited

Defendant

Procedural Posture

Intellectual Property Claim / Post Trial Application for Access to Forensic Materials

Legal Issues

  1. 1 Whether Dr Coward is entitled to access Burns and Steyning Materials held by Ankura for use in Cypriot matrimonial proceedings
  2. 2 Interpretation of permission to apply provisions in court orders
  3. 3 Application of CPR 31.22 and CPR 31.17

Ratio Decidendi

Dr Coward has no right to access the Burns and Steyning Materials for a wide-ranging search, as the permission to apply provision in the order does not confer such entitlement absent a pre-existing right; CPR 31.22 and CPR 31.17 do not assist; any application for disclosure should be made in Cyprus.

Court Disposition

Application dismissed

Orders

  • No order for access to Burns and Steyning Materials
  • Costs of retention to continue to be borne equally by parties