Case No. IP-2014-000051
Intellectual Property Enterprise Court

Case No. IP-2014-000051

Fecha: 21-Jul-2016

Decision on scope of the Compromise Agreement

86. In my judgment, the reasonable person with all the background knowledge which would reasonably have been available to the parties in the situation in which they were at the time of the contract, would have understood the parties to have meant that the Oran Release would cover all known and foreseeable claims connected with Richard Burke leaving the company, in order to resolve all matters between them and provide the parties with a clean slate. That includes, in my judgment, any claims arising from the founding and trading of Oranmore, which I have found was intimately connected with Richard Burke’s departure from Oran. In order to achieve that clean slate, so that Oran could go forward without owing Richard Burke €600,000 and Richard Burke could continue running Oranmore in the UK, I find that the reasonable person would have understood the parties to have meant the Oran Release to encompass the present passing-off and registered trade mark infringement claims. 87.In order to reach that conclusion, I decline to imply a term limiting the jurisdiction of the Compromise Agreement to Irish Law, but I do construe the Oran Release as covering future claims. 88.In considering Mr Moody-Stuart’s submission relating to Irish law, I remind myself of Lord Steyn’s well-known dictum in