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

The Unpaid Royalties Claim is set out in paragraphs 38 to 42 of the Particulars of Claim in this action:

“38.

In the premises, the First Defendant was at all times between the agreement of the [2012 Agreement] (in September 2012) and the termination of the [2012 Agreement] (on 20 September 2022) obliged to pay to the Claimant 60% of the sums it received from the exploitation of C’s Typefaces, whether directly or indirectly, including by exploitation of the Derived Typefaces.

39.

In breach of that obligation, between December 2015 and the termination of the Licence Agreement, the First Defendant failed to make such payments, or failed to make such payments in full, to the Claimant.

40.

As a consequence of the foregoing matters, the Claimant is entitled to an order that the Defendants prepare an account detailing the sales it made from the exploitation of C’s Typefaces, whether directly or indirectly, and the sums due to and paid to the Claimant as a consequence thereof, prior to the termination of [the 2012 Agreement] on 21 September 2022.

41.

Further, the Claimant is entitled to and claims an order that the First Defendant pays to the Claimant any amount that such account shows is due to the Claimant but has not been paid.

42.

Further, the Claimant is entitled to interest on such amounts to be paid by the First Defendant at such rate as the court sees fit, from the date on which such payments should have been made to the Claimant to the date of their payment, or for such other period as the court thinks is just.”

The Defendants say that the Unpaid Royalties Claim should be struck out as abusive either because it was settled by virtue of the acceptance of the Part 36 Offer. It is not said that it was a pleaded issue in the Newcastle Claim, but it is said that it was a live issue in those proceedings. Alternatively, the Defendants submit that the Unpaid Royalties Claim could and should have been brought as part of the Newcastle Claim.