Marla International Ltd v Ready4s Ltd [2021] EWHC 1968 (Ch) (14 July 2021)

Marla International Ltd v Ready4s Ltd [2021] EWHC 1968 (Ch) (14 July 2021)

The Defendant failed to establish that the default judgment was wrongly entered as service was validly effected. The Defendant did not show a real prospect of successfully defending the claims for failure to assign IP rights and for threatening to disseminate code, nor any good reason to set aside those parts of the judgment. However, the Defendant demonstrated a real prospect of defending certain other claims, warranting variation of the default judgment to judgment in part only.

Citation
[2021] EWHC 1968 (Ch)
Parties
Claimant: Marla International Limited; Defendant: Ready4S Limited
Jurisdiction
England and Wales
Judgment Date
14 July 2021
Procedural Posture
Application to Set Aside Default Judgment (breach of Contract and Misrepresentation) / Post Judgment, Application to Set Aside/vary Default Judgment
Outcome
Application to set aside default judgment dismissed in part and allowed in part; default judgment varied to judgment in part only.
Legal Topics
Default Judgment, Setting Aside Judgment, Breach of Contract, Misrepresentation, Intellectual Property Assignment, Publicity Orders
Civil Procedure Contract Law Intellectual Property Default Judgment Setting Aside Judgment Breach of Contract Misrepresentation Intellectual Property Assignment +1 more

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Parties

Marla International Limited

Claimant

Ready4S Limited

Defendant

Procedural Posture

Application to Set Aside Default Judgment (breach of Contract and Misrepresentation) / Post Judgment, Application to Set Aside/vary Default Judgment

Legal Issues

  1. 1 Whether the default judgment was wrongly entered under CPR 13.2
  2. 2 Whether the Defendant has a real prospect of successfully defending the claim under CPR 13.3
  3. 3 Whether there is some other good reason to set aside or vary the judgment

Ratio Decidendi

The Defendant failed to establish that the default judgment was wrongly entered as service was validly effected. The Defendant did not show a real prospect of successfully defending the claims for failure to assign IP rights and for threatening to disseminate code, nor any good reason to set aside those parts of the judgment. However, the Defendant demonstrated a real prospect of defending certain other claims, warranting variation of the default judgment to judgment in part only.

Court Disposition

Application to set aside default judgment dismissed in part and allowed in part; default judgment varied to judgment in part only.

Orders

  • Default judgment stands as to claims for failure to assign IP rights and threatening to disseminate code.
  • Defendant permitted to defend certain other claims at trial.