Case No. IP-2020-000140

14.The draft amendments allege that Domino’s decision to withdraw the Masters from digital release and no longer to make them available digitally breaches the 2001 Agreement. The amendments focus on the construction and scope of Domino’s release obligations under the 2001 Agreement and on the consequences of the alleged breach of those obligations. Permission is also sought to add an alternative claim relating to alleged restraint of trade. If permitted, the draft amendments would add significant new claims to the existing proceedings.15.It was agreed that if the Amendment Application succeeded the trial would have to be vacated. Domino has stated that, in those circumstances, its position would be that the action, including any amended claims, should be transferred into the Chancery Division. Mr Carter stated on instruction that Mr Hebden could afford to continue the litigation only if it remained in IPEC.