Thurgood v Coyle

The definition of the Project in the consultant's licence is not tied to the JCT contract, and the licence is a free-standing right. The administrators are entitled to transfer and reproduce the drawings for all purposes relating to the Project, including facilitating a sale, and the licence is transferable without the consultant's consent.

Parties: Applicant: Thurgood; Respondent: Coyle
Jurisdiction: England and Wales
Judgment Date: 05 July 2007
Procedural Posture: Civil / Judgment
Outcome: Declaration granted in favour of the administrators; interim costs order made.
Legal Topics: Copyright, Licensing, Construction Contracts, Administration of Insolvent Companies

Intellectual Property Contract Law Copyright Licensing Construction Contracts Administration of Insolvent Companies

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Thurgood

Applicant

Coyle

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the administrators are entitled to transfer or reproduce engineering and architectural drawings for the purpose of selling and completing the development
2 Whether the licence to use the drawings is tied to the JCT contract or is a free-standing right

Ratio Decidendi

Court Disposition

Declaration granted in favour of the administrators; interim costs order made.

Orders

Administrators are entitled to the declaration sought regarding the use and transfer of drawings.
Interim payment of £25,000 in costs to be paid within 14 days.