Coward Phaestos Ltd & Ors

Coward Phaestos Ltd & Ors

Dr Coward has no pre-existing right to access the Burns and Steyning Materials under the relevant court orders or CPR 31.22(1)(b); the permission to apply provision does not confer a right to search for documents unless entitlement is established; the application is properly to be made in Cyprus, not in the English court.

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 / Post Trial Application
Outcome
Application dismissed
Legal Topics
Ownership of Software, Confidentiality, Disclosure, Foreign Matrimonial Proceedings, Construction of Court Orders
Intellectual Property Civil Procedure Ownership of Software Confidentiality Disclosure Foreign Matrimonial Proceedings Construction of Court Orders

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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 / Post Trial Application

Legal Issues

  1. 1 Whether Dr Coward is entitled to access and search Burns and Steyning Materials for documents relevant to Cypriot matrimonial proceedings
  2. 2 Interpretation of permission to apply provision in Schedule D of Asplin J’s order
  3. 3 Application of CPR 31.22(1)(b) to disclosed materials

Ratio Decidendi

Dr Coward has no pre-existing right to access the Burns and Steyning Materials under the relevant court orders or CPR 31.22(1)(b); the permission to apply provision does not confer a right to search for documents unless entitlement is established; the application is properly to be made in Cyprus, not in the English court.

Court Disposition

Application dismissed