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England and Wales Case Law

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Contract law

IBM United Kingdom Limited v LzLabs GmbH & Ors

Winsopia breached the ICA by reverse engineering, disassembly, decompilation, and transferring IBM proprietary software to LzLabs for SDM development, in breach of express contractual restrictions. These acts did not fall within statutory exceptions under the Software Directive/CDPA. LzLabs and Mr Moores unlawfully procured and conspired in these breaches. The audit request and termination by IBM were valid. Claims are not time-barred due to deliberate concealment of the Winsopia-LzLabs connection. Directors Cresswell and Rockmann are not personally liable due to the Said v Butt defence. Clai…

  • Software licensing
  • Copyright infringement
  • Reverse engineering
  • Breach of contract
  • Unlawful means conspiracy
  • Limitation of actions
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Contract law [2025] EWCA Civ 842

LZLabs GmbH & Ors v IBM UK Ltd

LZLabs GmbH & Ors v IBM UK Ltd [2025] EWCA Civ 842 (04 July 2025)

The Court of Appeal refused permission to appeal in a complex software licensing dispute, holding the proposed grounds largely reargued facts and raised no arguable error of law.

  • Software licensing
  • Breach of contract
  • Copyright and software
  • Unlawful means conspiracy
  • Procurement of breach of contract
  • Interpretation of contractual terms
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Contract law

Finastra International Limited v The CRDB Bank plc

Permission to amend was refused because the proposed amendment was very late, would inevitably require adjournment of the trial or place unfair and prejudicial pressure on the Defendant and its legal team, was not properly particularised, and the Claimant had no good reason for the delay despite being on notice of the NABS system for a year. The interests of justice, the Defendant, and other court users required refusal of the amendment.

  • Amendment of pleadings
  • Software licensing
  • Multiplexing prohibition
  • Disclosure obligations
  • Trial management
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Commercial law [2025] EWHC 1677 (TCC)

FD Technologies Plc v Inqdata Ltd

FD Technologies Plc v Inqdata Ltd [2025] EWHC 1677 (TCC) (27 June 2025)

The High Court ordered FD Technologies’ Part 7 claim to proceed in a software-licence dispute, finding the technical issues and evidence needs made Part 8 unsuitable.

  • Software licensing
  • Contractual interpretation
  • Injunctions
  • Declaratory relief
  • Case management
  • Software-licensing
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Commercial law [2025] EWHC 998 (TCC)

IBM United Kingdom Ltd v LzLabs GmbH & Ors

IBM United Kingdom Ltd v LzLabs GmbH & Ors [2025] EWHC 998 (TCC) (24 April 2025)

The court granted injunctive and declaratory relief after findings of ICA breach and unlawful means conspiracy, ordered £20 million on account of costs, and stayed the SDM injunction pending appeal.

  • Breach of contract
  • Procurement of breach
  • Unlawful means conspiracy
  • Injunctive relief
  • Declaratory relief
  • Costs
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Contract law

LZLabs Gmbh & Ors v IBM UK Limited

Permission to appeal was refused because the grounds raised by the appellants were either impermissible attacks on findings of fact, failed to identify any error of law or principle, or did not clear the particularly high hurdle for permission in a specialist, fact-heavy case. The judge's findings and application of settled law were unimpeachable, and no compelling reason for appeal was established.

  • Breach of contract
  • Software licensing
  • Copyright
  • Unlawful procurement
  • Unlawful means conspiracy
  • Injunctive relief
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Contract law [2025] EWHC 509 (Comm)

Finastra International Ltd v CRDB Bank PLC

Finastra International Ltd v CRDB Bank PLC [2025] EWHC 509 (Comm) (07 March 2025)

The High Court refused Finastra’s late application to amend its pleadings to add a new NABS-based claim over alleged software licence multiplexing.

  • Amendment of pleadings
  • Software licensing
  • Breach of contract
  • Multiplexing prohibition
  • Disclosure obligations
  • Case management
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Commercial law

Kompaktwerk GMBH v Liveperson Netherlands BV

The Claimant's activities did not constitute the negotiation or sale of goods under the Regulations, as the LiveEngage platform was provided as a service via limited, revocable licences, not as a sale of goods or a perpetual licence. The contractual arrangements under the Resale Exhibit were distributor relationships, not agency. The claim for compensation and commission under the Regulations had no real prospect of success.

  • Commercial agents regulations
  • Sale of goods
  • Software licensing
  • Summary judgment
  • Contractual interpretation
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Intellectual property

IBM United Kingdom Limited v Lzlabs GmbH & Ors

The court declined to adopt the claimant's proposed principles as binding rules for confidentiality designation, holding that the review of confidential documents must be fact-specific, context-driven, and guided by established legal principles. The parties are to continue reviewing designations, prioritising a core bundle, and disputes are to be resolved document-by-document, with unresolved issues referred to the court.

  • Confidentiality orders
  • Disclosure
  • Trade secrets
  • Open justice
  • Software licensing
  • Confidentiality rings
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Civil procedure

IBM United Kingdom Limited v LzLabs GmbH & Ors

The court found that the claimant's approach to disclosure regarding Mr Anzani was too narrow and ordered a further review of his documents for issues 4 and 21. The court approved agreed additional searches for certain ex-employees but declined to extend the date range for Issue 4, vary privilege claims, or order broad searches of central servers and additional custodians, finding such requests disproportionate or outside the claimant's control. The application to restrict sharing information with Mr Anzani was dismissed as unjustified.

  • Disclosure
  • Privilege
  • Case management
  • Breach of contract
  • Software licensing
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.