Case No. IP-2020-000140

10.There are two applications:•Mr Hebden’s application for permission to amend the Particulars of Claim (the “Amendment Application”); and•Domino’s application for strike out and/or summary judgment (the “SJ Application”).11.Both applications arise from recent events which are briefly summarised below:•Domino’s solicitors wrote to Mr Hebden on 16 November 2021. By that letter:◦Domino made an open offer to pay sums corresponding to the damages sought under the original Particulars of Claim, and costs;◦Domino informed Mr Hebden that it had instructed all digital service providers (“DSPs”) to withdraw the Masters, and undertook not to exploit the Masters digitally in future without first agreeing terms in writing with Mr Hebden. Domino also indicated that it would not agree the 50% rate claimed by Mr Hebden for exploitation; and◦Domino stated that, in the light of its offer and its unilateral conduct/undertakings, the proceedings should be stayed. Domino further explained its intention to apply for dismissal of the proceedings should Mr Hebden not consent to a stay.•A draft Tomlin Order was subsequently provided to Mr Hebden at his request. Mr Hebden informed Domino’s solicitors on 24 November 2021 that he considered Domino’s conduct in withdrawing the Masters from the DSPs, and in stating that it would not exploit them digitally in future, to be a fundamental breach of the 2001 Agreement.•Domino denied breach and issued the SJ Application on 25 November 2021.•On 6 December 2021, Mr Hebden applied for permission to amend his Particulars of Claim to include claims relating to Domino’s recent conduct.•On 14 December 2021, Domino’s solicitors wrote to Mr Hebden explaining that Domino did not consent to the proposed amendments.•This hearing was listed for 16 December 2021 to deal with the competing applications.