Case No. IP-2018-000182

13.On behalf of IFL, Mr Popplewell argued that it was relevant to consider that Volumatic had at the time of the trial put forward four different versions of its case. It was Volumatic’s initial case, he said, that the assignment of the intellectual property was “conditional” on the matters set out in Stage 2 of the Agreement (10 year royalty payment, immediate payment of £20,000, 10 year exclusive manufacture). Therefore, Mr Popplewell said, it was Volumatic’s case that it had to prove that it had complied with the obligations on it under Stage 2. Thus, Volumatic’s cause of action arose on the expiry of the 10 exclusive supply period. 14.Volumatic then amended its case to say that the obligations in Stages 2 and 3 were consideration for the assignment of the intellectual property. But this meant, Mr Popplewell submitted, that Volumatic’s cause of action accrued on completion of Stage 1 (in or around 2007), creating issues of delay/laches. 15.Volumatic’s third version, Mr Popplewell said, was in its Reply, and argued that the Agreement is of itself sufficient to grant a 10 year supply agreement. 16.Mr Popplewell said that the fourth version of Volumatic’s case was hinted at in Mr Amos’ witness statement, where he appeared to suggest that the obligation to provide a 10 year supply agreement had been varied to a 5 year obligation with IFL’s consent. 17.I do not find this discussion helpful. Parties are entitled to amend their pleadings in accordance with the Court’s rules, and amend Volumatic did. IFL came prepared to meet Volumatic’s case, which was the third version to which Mr Popplewell referred above. I did not take Volumatic to be running the fourth version hinted at in Mr Amos’ witness statement, and I would have rejected it on the facts had it been put. Whilst it would have been preferable for the version run to be set out in the amended Particulars of Claim, there are costs consequences of multiple amendments to pleadings in the IPEC. Volumatic’s case was set out in its Reply: that is the case it has run, and the case IFL has met.