1999/212 - Veka v Picot [1999] UR 212 (14 December 1999)

1999/212 - Veka v Picot [1999] UR 212 (14 December 1999)

A stay of enforcement of the Royal Court's orders is appropriate pending appeal to the Privy Council, given the absence of a cross-undertaking in damages by Veka AG, the potential for irreparable harm to the defendants, and the need to prevent the appeal from being rendered nugatory, provided the appeal is prosecuted diligently.

Citation
[1999] UR 212
Parties
Plaintiff/respondent: Veka AG; Defendant/appellant: TA Picot (CI) Ltd; Defendant/appellant: Vekaplast Windows (CI) Ltd; Defendant/appellant: Vekaplast Windows (Export) Ltd; Defendant/appellant: Terence Alan Picot
Jurisdiction
Jersey
Judgment Date
14 December 1999
Procedural Posture
Application for Leave to Appeal and Stay of Execution / Post Appeal, Application for Leave to Privy Council and Stay of Enforcement
Outcome
Leave to appeal granted on conditions; partial stay of enforcement granted
Legal Topics
Passing Off, Injunctions, Stay of Execution, Leave to Appeal
Intellectual Property Civil Procedure Passing Off Injunctions Stay of Execution Leave to Appeal

Case Brief

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Parties

Veka AG

Plaintiff/respondent

TA Picot (CI) Ltd

Defendant/appellant

Vekaplast Windows (CI) Ltd

Defendant/appellant

Vekaplast Windows (Export) Ltd

Defendant/appellant

Terence Alan Picot

Defendant/appellant

Procedural Posture

Application for Leave to Appeal and Stay of Execution / Post Appeal, Application for Leave to Privy Council and Stay of Enforcement

Legal Issues

  1. 1 Whether to grant leave to appeal to the Privy Council
  2. 2 Whether to stay enforcement of injunctions and costs orders pending appeal

Ratio Decidendi

A stay of enforcement of the Royal Court's orders is appropriate pending appeal to the Privy Council, given the absence of a cross-undertaking in damages by Veka AG, the potential for irreparable harm to the defendants, and the need to prevent the appeal from being rendered nugatory, provided the appeal is prosecuted diligently.

Court Disposition

Leave to appeal granted on conditions; partial stay of enforcement granted

Orders

  • Leave to appeal to the Privy Council granted, conditional on payment of £10,000 security for costs and transmission of the Record by 15 February 2000.
  • Stay of enforcement of injunctions regarding use of trade names and enquiry as to damages until determination of the Privy Council appeal, subject to due diligence.