Source: All England Reporter
Publisher Citation: [2005] All ER (D) 143 (Nov)
Neutral Citation: [2005] EWHC 2481 (Ch)
Court: Chancery Division
Judge:

Peter Smith J

Representation Roger Stewart QC and Ben Elkington (instructed by SJ Berwin) for the claimant.
  Roger Wyand QC (instructed by Reynolds Porter Chamberlain) for the defendants.
Judgment Dates: 10 November 2005

Catchwords

Practice - Summary judgment - Entitlement to summary judgment - Breach of duty - Failure to timeously register licence to exploit patent - Claimant seeking summary judgment on aspect of defendants' defence - Whether defendants having reasonable prospect of success at trial.

The Case

The claimant's application for an order that the defendants' causation defence be summarily dismissed, pursuant to CPR 24, on the basis that the defendants had no real prospect of succeeding was allowed as the claimant had made out its case.

Practice Areas

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