NIPC Law

Author  Brianboru100   Licence  CC BY-SA 3.0   Source  Wikipedia  University of Birmingham Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Ukoumunne v The University of Birmingham and others [2020] EWHC 2927 (IPEC) (4 Nov 2020) This was an application by the University of Birmingham and three of its academics to strike out claims for breach of confidence and breach of contract that had been launched against them by one of their graduate students. These are the causes of action that survived an earlier strikeout application which I discussed in  Copyright - Ukoumunne v The University of Birmingham   on 20 Feb 2020. The claim had been for breach of confidence, breach of contract, copyright infringement, professional negligence, racial harassment, bullying, sex discrimination and loss of earnings.  The claimant had complained that the University's lecturers had plagiarized her work in a book and articles that had...

The reason I am writing about Araci v Fallon [2011] EWCA Civ 668 (4 June 2011) is that it is very rare indeed for the Court of Appeal to interfere with the exercise of a judge's discretion when considering an interim injunction application. As Lord Justice Jackson accepted at paragraph [64] the Court of Appeal only interferes with the judge's exercise of discretion in relation to an interim injunction in one of the exceptional situations described by Lord Diplock in Hadmor Productions v Hamilton [1983] I AC 191 at 196. However, his lordship took the view that this case fell into this category and Lord Justice Elias Agreed with him. The Facts The well known jockey Kieren Fallon ( "Mr. Fallon" ) had agreed in April to ride Native Khan which belongs to one Vefa Araci ( "Mr. Araci " ) in last week's Derby. Clause 6 of his agreement provided: "Jockey's Obligations 6.1 The Jockey and his agent(s) agrees that he shall: (a) Not ride for any oth...

Contract KG Bominflot Bunkergesellschaft fur Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) [2010] EWCA Civ 1145 Copyright Crosstown Music Company 1 LLC v Rive Droite Music Ltd and Others [2010] EWCA Civ 1222 Licensing Softlanding Systems, Inc v KDP Software Ltd and another [2010] EWCA Civ 1172 Patents Grimme Maschinenfabrik GmbH & Co KG v Scott (t/a Scotts Potato Machinery) [2010] EWCA Civ 1110 Tate & Lyle Technology Ltd v Roquette Freres [2010] EWCA Civ 1049

Though not strictly an intellectual property case, the Court of Appeal's decision in  Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955 (8 August 2008) would certainly apply to many computer suply and e-commerce disputes and arguably also to the correct computation of damages in any other type of dispute. The Issue The issue as expressed by Lord Justice Rix in opening his lead judgment was: "If a manufacturer and seller of goods loses them through the fault of another before he can make delivery and earn the price, can he recover that price as damages for their loss or is he limited to the lower manufacturing cost of replacing those goods, at any rate unless he proves that he could not make good the lost sale to his buyer?"   The claimants were subsidiaries of the Sony consumer electronics group which distributed  " Playstation " games and peripherals in the UK and the defendant ,  Cinram Logistics UK Limited ( " Cin...