BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
INTELLECTUAL PROPERTY ENTERPRISE COURT
Fetter Lane, London, EC4A 1NL
B e f o r e :
| MICHAEL DICHAND
|- and -
|HYDRAREDOX TECHNOLOGIES HOLDINGS LIMITED
Rupert Butler directly instructed by the Defendant
Hearing dates: 27-28 February 2018
Crown Copyright ©
Judge Hacon :
The background facts
Mr Dichand's account
Dr Spaziante's account
Mr Dichand's case in law
(1) Dr Spaziante was in breach of his fiduciary duty or duty of fidelity to Mr Dichand by misrepresenting the document later given to Mr Dichand to sign.
(2) Mr Dichand made a unilateral mistake regarding the terms of the document he signed.
(3) Dr Spaziante had been unjustly enriched by the transfer of the PCT Applications to HTHL. This was because Mr Dichand had signed the First Assignment under a false belief that it was a fifth PCT application and so it would be unconscionable for HTHL to retain ownership of the PCT Applications.
(4) Dr Spaziante was in breach of his fiduciary duty to Mr Dichand because he had disposed of assets of the partnership without Mr Dichand's consent, had failed to account to Mr Dichand for the benefit acquired by HTHL and had failed to disclose the nature of the First Assignment.
Findings of fact
The unpaid dollar