England and Wales Case Law

Trayport Limited v E-Star Trading GmbH & Ors

Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…

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• Copyright infringement
• Database rights
• Breach of confidence
• Trade secrets
• Breach of contract
• Jurisdiction and service out

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MHP Food UK Ltd v Sanson Foods Ltd & Ors

MHP Food UK Ltd v Sanson Foods Ltd & Ors [2026] EWHC 619 (Comm) (23 March 2026)

The High Court refused to discharge freezing and proprietary injunctions over alleged misuse of frozen chicken stock, finding a good arguable case and real risk of dissipation.

• Freezing injunctions
• Proprietary injunctions
• Conversion
• Unlawful means conspiracy
• Breach of contract
• Inducing breach of contract

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Guy Carpenter & Company Limited & Ors v Willis Limited & Ors

The court found Mr Summers and Mr Fletcher breached their duties to Guy Carpenter to a limited extent, and Ms Clarke/Willis Re induced and dishonestly assisted most of those breaches. However, most resignations would have occurred lawfully regardless, and the unlawful conduct did not confer a continuing springboard advantage. No ongoing injunctive relief was justified; the period for any springboard relief had expired. The claims for wider injunctive relief, including client and recruitment injunctions, were refused. The question of loss and damages was reserved for later determination.

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• Breach of fiduciary duty
• Inducing breach of contract
• Dishonest assistance
• Unlawful means conspiracy
• Breach of confidence
• Springboard injunctions

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Cosimo Borrelli & Ors v Mutaz Otaibi & Ors

The High Court struck out an amended contribution pleading against Mr Wang and refused permission to amend, finding no realistic prospect of success.

• Strike out
• Summary judgment
• Contribution claims
• Unlawful means conspiracy
• Dishonest assistance
• Inducing breach of contract

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Borrelli & Ors v Otaibi & Ors

Borrelli & Ors v Otaibi & Ors [2025] EWHC 3263 (Comm) (15 December 2025)

The Commercial Court struck out a Part 20 contribution claim against Mr Wang, refused amendment, and held the pleaded allegations had no real prospect of success.

• Strike out applications
• Summary judgment
• Contribution claims
• Unlawful means conspiracy
• Dishonest assistance
• Inducing breach of contract

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BAE Systems (Operations) Ltd v Unite the Union

BAE Systems (Operations) Ltd v Unite the Union [2025] EWHC 3106 (KB) (25 November 2025)

The High Court dismissed BAE’s application for an interim injunction against Unite, finding Unite was likely to succeed in showing no prior call or inducement of breach.

• Industrial action
• Trade union immunity
• Inducing breach of contract
• Interim injunctions
• Collective bargaining
• Industrial-action

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BAE Systems (Operations) Limited v Unite the Union

The High Court refused BAE Systems’ application for an interim injunction against Unite, holding there was no likely unlawful prior call before the ballot.

• Industrial action
• Trade union immunity
• Inducing breach of contract
• Interim injunctions
• Ballot requirements
• Industrial-action

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Massa v Formula One Management Ltd & Ors

Massa v Formula One Management Ltd & Ors [2025] EWHC 3064 (KB) (20 November 2025)

The High Court considered Felipe Massa’s claim arising from the 2008 Singapore Grand Prix crash, including alleged duties to investigate, conspiracy, limitation and declaratory relief.

• Breach of contract
• Unlawful means conspiracy
• Inducing breach of contract
• Limitation periods
• Declaratory relief
• Jurisdiction

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Abudantia BV v Fastron Limited & Anor

The TLA expired at the end of the Initial Term as neither positive performance nor mutual understanding of business goals was established; the Claimant failed to discharge the burden of proof. No Termination Sum was payable. The Defendants' actions were not part of a conspiracy but a brand protection strategy. No torts of malicious falsehood, inducing breach of contract, or malicious prosecution were made out, and no damages or injunctive/declaratory relief were warranted.

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• Termination of contract
• Trademark licensing
• Conspiracy
• Malicious falsehood
• Inducing breach of contract
• Malicious prosecution

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Pagden & Ors v Fry & Anor

Pagden & Ors v Fry & Anor [2025] EWHC 1918 (Ch) (25 July 2025)

Interim applications in related Core VCT proceedings: several claims were struck out, some limitation-based summary judgments were granted, and some amendments were allowed.

• Breach of fiduciary duty
• Knowing receipt
• Inducing breach of contract
• Limitation
• Summary judgment
• Strike out

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