Claim No: IP-2021-000080 - [2024] EWHC 396 (IPEC)

This judgment deals with three applications, one from the Defendants and two from the Claimants, of which one is conditional. The applications relate to the trial witness evidence. The trial is due to be heard by His Honour Judge Hacon in June. It has been listed for three days, exceeding the usual two-day hearing length in IPEC.

In June 2016 the First Defendant, (Mr Richard Land) and the Second Defendant (Mr Dennis Gowland) sold their shares in a company called Shellfish Hatchery Systems Limited. The transferred business related to lobster aquaculture. It was effected through two share purchase agreements (the SPAs), one for Mr Land and one for Mr Gowland respectively. The purchaser was Caribbean Sustainable Fisheries Corp (the Second Claimant). The SPAs were accompanied by the assignment of rights in patent GB2481409 owned by Mr Land and Mr Gowland (the Patent Assignment).

Shellfish Hatchery Systems Limited is now called Ocean on Land Technology Limited, (the First Claimant). The First and Second Claimants are part of the same group of companies, ultimately controlled by Mr Giles Cadman.

In October 2019 a further agreement (the Settlement Agreement) was concluded.

The underlying causes of action are: