Paymaster (Jamaica) Ltd and Another v Grace Kennedy Remittance Services Ltd: PC 11 Dec 2017

(Court of Appeal of Jamaica) The parties disputed the ownership of copyight in certain computer software, and also an allegation of the misuse of confidential information.


Lord Sumption, Lord Carnwath, Lord Hughes, Lord Hodge, Lord Briggs


[2017] UKPC 40




England and Wales


CitedRobin Ray v Classic FM Plc PatC 18-Mar-1998
Contractor and Client Copyrights
The plaintiff had contributed a design for a system of classifying and selecting tracks to be played on a radio station. He did so under a consultancy contract.
Held: A Joint authorship claim required that the contributor had made some direct . .
CitedWatt (or Thomas) v Thomas HL 1947
When Scots Appellate Court may set decision aside
The House considered when it was appropriate for an appellate court in Scotland to set aside the judgment at first instance.
Lord Thankerton said: ‘(1) Where a question of fact has been tried by a judge without a jury, and there is no question . .
CitedSeager v Copydex Ltd CA 1967
Mr Seager had invented a patented carpet grip which he manufactured and marketed under the trade mark Klent. There were protracted negotiations between Mr Seager and Copydex over a proposal for Copydex to market the Klent. One of the issues in the . .
CitedCoco v A N Clark (Engineers) Ltd ChD 1968
Requirememts to prove breach of confidence
A claim was made for breach of confidence in respect of technical information whose value was commercial.
Held: Megarry J set out three elements which will normally be required if, apart from contract, a case of breach of confidence is to . .
CitedTrollope and Colls Limited v North West Metropolitan Regional Hospital Board HL 1973
The court was requested to imply a term into a building contract.
Held: The term could not be implied, since at least four alternatives might also be implied.
Lord Pearson said: ‘[T]he court does not make a contract for the parties. The . .
CitedPhilips Electronique v British Sky Broadcasting Ltd CA 1995
There is a presumption against adding terms to a contract. The presumption is stronger where the contract is in writing and represents an apparently complete bargain between the parties. Sir Thomas Bingham MR set out Lord Simon’s formulation, and . .
CitedUnilever Plc v The Procter and Gamble Company PatC 24-Feb-1999
Representatives of the Defendant company were said to have asserted, during an expressly ‘without prejudice’ meeting, that the plaintiff’s marketing of its product infringed the Defendant’s patent and threatened to bring an action for infringement. . .
CitedConticorp Sa and others v The Central Bank of Ecuador and others PC 20-Jun-2007
(The Bahamas ) . .
CitedHenderson v Foxworth Investments Limited and Another SC 2-Jul-2014
It was said that land, a hotal and gold courses, had been sold at an undervalue and that the transaction was void as against the seller’s liquidator.
Held: The appeal was allowed. The critical issue was whether ‘the alienation was made for . .
CitedBeacon Insurance Company Ltd v Maharaj Bookstore Ltd PC 9-Jul-2014
(Trinidad and Tobago) The Board was asked as to an insurance claim arising out of a fire and the insurance company’s rejection of that claim on the ground that part of it was fraudulent or had involved fraudulent devices. The principal issue was . .
CitedCentral Bank of Ecuador and Others v Conticorp Sa and Others PC 23-Mar-2015
From the Court of Appeal of the Commonwealth of The Bahamas. The Board was asked as to the probity of three transactions entered into by the appellant. Held; The nominee director at the centre of the allegations had, in breach of his duty to the . .
CitedMarks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 02 April 2022; Ref: scu.601092