Background to Mr Perry’s application
3.The present proceedings have their origin in an action brought by the first defendant (“Brundle”) against Mr Perry for unjustified threats of patent infringement: Case No. CC13P00980 (“the First Action”). Mr Perry counterclaimed for infringement of the patent and brought a Part 20 claim against the second and third defendants in the present action (respectively “Betafence” and “Britannia”) also for infringement of the patent. On 6 March 2014 I gave judgment in the First Action [2014] EWHC 475 (IPEC). I found that Mr Perry’s claim for patent infringement failed and that the claim against him for threats succeeded. Permission to appeal was refused by the Court of Appeal.4.On 15 May 2015 Mr Perry started the present proceedings. In substance his claim amounted to a renewal of his allegation against the same three defendants that they had infringed the same patent. On 25 September 2015 I struck out Mr Perry’s claim on the alternative grounds that the claim was res judicata and also that, had there been a cause of action, it vested in the Official Receiver. Mr Perry was by then bankrupt. On the same day I granted the ECRO against Mr Perry, giving my reasons in the judgment of 2 October 2015.5.On 11 October 2016 Rose J refused Mr Perry permission to appeal the ECRO. Mr Perry’s application for permission to appeal was renewed before Newey J on 9 March 2017. No copy of Newey J’s order is on the file or was in the possession of either Mr Perry or the first and second defendants’ solicitors, Collyer Bristow at the hearing three days ago, but Mr Perry informed me that permission to appeal was again refused by Newey J. As I have indicated, the ECRO has now expired anyway.6.I should add that it is apparent from an order of Rose J dated 11 August 2016 that Mr Perry made an application for permission to bring an appeal out of time against my order striking out the present proceedings. Rose J made no order. Mr Perry informed me that he has not renewed his application to challenge the strike out and does not intend to do so.