Claim No: IL-2024-000036 - [2025] EWHC 2172 (Ch)

In summary, Mrs Lish’s claim should be struck out, other than the Neusa Next Claim. That is not the end of the matter. At the hearing, I had a number of discussions with counsel for the parties as to the appropriate forum for this action. It was not appropriate to make any order at that time, because, given the application to strike out and for summary judgment, it was not at that stage known what would be left of the action following this judgment. On the basis of my findings above, very little is now left – only the Neusa Next Claim. This, as noted above, is a claim for information in relation to licences granted by Northern Block in relation to one typeface only, and an account for monies owed in relation to that single typeface.

Without prejudging the matter, in light of the information currently before the court, it seems to me highly likely that that claim, even if entirely successful, is likely to be worth less than £10,000, and so it would be appropriate to transfer what remains of the claim to the IPEC Small Claims Track. An application to transfer the Newcastle Claim to the IPEC was refused by the County Court at Newcastle on 26 May 2023. I do not wish to comment on that decision, but what remains of this claim is now very different to what was before the County Court in the Newcastle Claim, and it seems to me (without prejudging the issue), given the issues involved and the value of the claim, that the IPEC Small Claims Track may well be the appropriate forum.

I will hear the parties (including in relation to the costs of the application) if the entire claim cannot now be settled having regard to my findings.

As noted above, Mrs Lish’s Part 36 Offer included the statement:

“our client simply wishes to move forward and progress with her own business rather than continue protracted litigation with your clients, as we have said previously.”

Given the limited issue now in dispute, and the limited value of that issue, it is to be hoped that the parties can now move forward as was envisaged.