Success for Giles Maynard-Connor in Court of Appeal
July 13, 2020
Giles Maynard-Connor from Exchange Chambers, instructed by Aticus Law, has acted for the successful appellants in (1) Philip Price (2) Supawall Ltd (3) Supahome by Maple Ltd v (1) Flitcraft Ltd (2) Flitcraft Timber Frame Ltd (3) Garry Flitcroft (4) Thomas Flitcroft (2020)  EWCA Civ 850.
In its judgment, the Court of Appeal allowed the appeal against summary judgment which had been granted in favour of claimants in patent and copyright infringement claims.
The Court of Appeal held that there were procedural deficiencies in the summary judgment application because the claimants’ application notice did not explain which specific issues they were asking the court to decide and they did not serve evidence in support of their application.
In those circumstances, the Court of Appeal held that criticism of the defendants’ failure to serve documentary evidence in support of their defence was misplaced and it was appropriate to allow the defendants to serve further evidence.