Compromise - Evans v Trebuchet Design Ltd and Another
Author EvaK Licence CC BY-SA 2.5 Source Wikipedia Harwich Jane Lambert Intellectual Property Enterprise Court, Small Claims Track (HH Judge Hacon) Evans v Trebuchet Design Ltd and another [2020] EWHC 3037 (IPEC) (20 Oct 2020) This was an application by the defendants to an action for copyright and database right infringement and breach of contract to strike out the claim on the ground that the dispute had been compromised. Although the case was decided in the small claims track of the Intellectual Property Enterprise Court, it concerned important matters of principle including the rule in Henderson v Henderson (1843) 3 Hare 100, 67 ER 313, [1843] UKPC 6, the formation of contracts and costs in the small claims track. The importance of the case is signified by the fact that it was argued before the Enterprise Judge by patent counsel and a senior solicitor and trade mark attorney advocate whose public-spirit and oral and written advocacy were...