Source: All England Reporter
Publisher Citation: [2003] All ER (D) 364 (May)
Court: Chancery Division
Judge:

Pumfrey J

Representation Colin Birss (instructed by Addleshaw Goddard) for the claimant.
  Denise McFarland (instructed by Cripps Harries Hall) for the defendant.
Judgment Dates: 23 May 2003

Catchwords

Practice and procedure - Striking out - Statement of claim - Defendant claiming proceedings amounting to unnecessary litigation - Basis of application.

The Case

The defendant's application to strike out the claimant's particulars of claim in an action involving infringement of design right on the ground that it duplicated existing proceedings between the parties was dismissed, on the ground that the claimant's fresh proceedings did not duplicate the original action and therefore the defendant's application was misconceived.

Practice Areas

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