Quentin Cregan (instructed by TLT LLP) acted for the Defendant in its successful application to strike out the Claimant’s particulars of claim with indemnity costs.
The Claimant was a software developer who had supplied software to the Defendant. The Claimant issued proceedings in November 2013 wide ranging and extensive damages and/or an account of profits under a number of heads, including copyright. The Defendant argued that the Claimant had failed to set out a coherent case with any reasonable basis, let alone a reasonable prospect of success, and that it should be released from the litigation without having to incur further expense dealing with ill-founded allegations.
Chief Master Marsh struck out the particulars of claim as an abuse of process under CPR r.3.4(2)(a) and r.3.4(2)(b) and under the overriding objective.