Design Right and Personal Liability of Directors: Societa Esplosivi Industriali Spa v Ordnance Technologies (UK) Ltd Round 2
This was the second round of a case that had already been partly decided by Mr Justice Lewison nearly 4 years ago (see Societa Esplosivi Industriali SPA v Ordnance Technologies Ltd . and Others [2004] EWHC 48 (Ch) (21 Jan 2004)). That judge had declined to decide certain issues at that trial because the defendants had failed to give adequate disclosure. The issues that remained were: - whether the defendant Ordnance Technologies Ltd. and its former managing director were in breach of contract; - whether they had infringed the claimant's copyright; - whether they had breached obligations of confidence and equitable confidence; and - whether they had infringed the claimant's design right. The dispute concerned weapons systems, namely multiple warhead systems and dense metal penetrators . By the time the adjourned issues came on for trial, Ordnance Technologies Ltd. had been wound up and the dispute was essentially between the claimant and that company's former managing...