The claim was dismissed based on the finding of the learned Judge on the affidavit evidence before him that the pleadings did not disclose any reasonable cause of action: ‘when one cones to consider the inherent jurisdiction, one is entitled to look at the evidence, and evidence chat has been put in’.
Mr Justice Whitford said: ‘Equally, a long line of authorities has decided that it is only in the plainest and most obvious cases that it would be appropriate to strike out under this particular head and it has been held that a reasonable cause of action means a cause of action with some chance of success and, under this head, you have got to decide if there is a chance of success, considering only the allegations in the pleadings which go only to this, that the acts the subject of complaint, if proved, must make out an arguable case …’
Judges:
Mr Justice Whitford
Citations:
[1988] FSR 1 6
Jurisdiction:
England and Wales
Cited by:
Cited – Arsenal Football Club plc and Others v Elte Sports Distribution Ltd ChD 10-Dec-2002
The claimant alleged that the respondent had unlawfully made use of photographs of its footballers in a calendar. The respondent asked the court to strike out the claim as merely speculative, and the claimant sought pre-action disclosure.
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Litigation Practice
Updated: 01 December 2022; Ref: scu.181820
