Evans v Trebuchet Design Ltd & Anor

Evans v Trebuchet Design Ltd & Anor

The claim was struck out because a binding settlement agreement was reached in August 2019 for payment of £3,000, and the claimant cannot avoid the rule in Henderson v Henderson by assigning rights or reframing the complaint. The dispute has been settled and cannot be litigated again.

Source-derived case information.

Parties
Claimant: Peter Evans; Defendant: Trebuchet Design Limited; Defendant: Harwich Haven Authority
Jurisdiction
England and Wales
Judgment Date
20 October 2020
Procedural Posture
Civil / Application to Strike Out Particulars of Claim
Outcome
claim struck out
Legal Topics
Copyright Infringement, Database Right Infringement, Breach of Contract, Abuse of Process, Settlement Agreements
Intellectual Property Contract Copyright Infringement Database Right Infringement Breach of Contract Abuse of Process Settlement Agreements

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Peter Evans

Claimant

Trebuchet Design Limited

Defendant

Harwich Haven Authority

Defendant

Procedural Posture

Civil / Application to Strike Out Particulars of Claim

Legal Issues

  1. 1 Whether the claim is an abuse of process due to prior settlement
  2. 2 Whether the claimant can avoid the rule in Henderson v Henderson by assigning rights and reframing the complaint
  3. 3 Whether a binding settlement agreement was reached in August 2019

Ratio Decidendi

The claim was struck out because a binding settlement agreement was reached in August 2019 for payment of £3,000, and the claimant cannot avoid the rule in Henderson v Henderson by assigning rights or reframing the complaint. The dispute has been settled and cannot be litigated again.

Court Disposition

claim struck out

Orders

  • The claim is struck out as an abuse of process.
  • The defendants are entitled to their court costs.