Intellectual Property Decisions
25018 Kooltrade Ltd v XTS Ltd
High Court (Pumfrey J, 10 December 2001) Civil Procedure Rules, Parts 13.3, 19.4; Rule 19.5; Rules of the Supreme Court, Order 45 – application to join fresh defendant and solicitors in threats of infringement proceedings case where judgment already given – appropriate principles – joinder after judgment permissible under appropriate circumstances – amendment of claim form – abuse of process – successive joinder of different defendants and successive actions against different defendants by same claimant – application refused (SRIS C/067/01)
Mr J Lambert (Cobbetts) for the claimant; Mr S Ritchie (Green Vine Beverley Palos) for the defendant.