Cranway Ltd v (Playtech Ltd & Anor

Cranway Ltd v (Playtech Ltd & Anor

The particulars of claim failed to plead material facts or specific acts of infringement as required by the Civil Procedure Rules and Practice Direction; evidence supporting service outside jurisdiction was inadequate; claimant had opportunity to amend but refused; claim against both defendants and order permitting...

Source-derived case information.

Parties
Claimant: Cranway Limited; Defendant: Playtech Limited; Defendant: Horserace Totalisator Board
Jurisdiction
England and Wales
Judgment Date
24 January 2007
Procedural Posture
Patent Infringement / Ruling on Application to Set Aside Service Outside Jurisdiction and Strike Out Particulars of Claim
Outcome
Claim struck out; order permitting service outside jurisdiction set aside; permission to appeal refused.
Legal Topics
Patent Infringement, Pleading Requirements, Service Outside Jurisdiction, Strike Out Applications, Costs
Intellectual Property Civil Procedure Patent Infringement Pleading Requirements Service Outside Jurisdiction Strike Out Applications Costs

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Parties

Cranway Limited

Claimant

Playtech Limited

Defendant

Horserace Totalisator Board

Defendant

Procedural Posture

Patent Infringement / Ruling on Application to Set Aside Service Outside Jurisdiction and Strike Out Particulars of Claim

Legal Issues

  1. 1 Whether particulars of claim disclose a cause of action with reasonable prospect of success
  2. 2 Whether service outside jurisdiction was properly permitted
  3. 3 Whether pleadings comply with Civil Procedure Rules and Practice Direction

Ratio Decidendi

The particulars of claim failed to plead material facts or specific acts of infringement as required by the Civil Procedure Rules and Practice Direction; evidence supporting service outside jurisdiction was inadequate; claimant had opportunity to amend but refused; claim against both defendants and order permitting service outside jurisdiction must be set aside.

Court Disposition

Claim struck out; order permitting service outside jurisdiction set aside; permission to appeal refused.

Orders

  • Claimant to pay costs of both defendants.
  • Interim payment of £10,000 to each defendant by claimant.