JMW successfully defends, in a stay application before the HIGH COURT

These proceedings are brought against Groupe CBV Engenierie, CAPEFRONT and French individuals Mr. Sylvestre Blavet and Mr. Thomas de Villemeur who led the negotiations to buy the NAUREX GROUP and are majority shareholders of CBV and CAPEFRONT

JMW has successfully defended M L Technology Ltd and Naurex Ltd in a stay application in the High Court on 8 June 2023. 

In an ongoing litigation from 2021, M L Technology and Naurex Ltd brought a claim against B.E.A.T. SAM (a Monegasque company previously part of the Naurex Group), Capefront S/A (a Swiss company that sought to purchase the Naurex Group) and Groupe CBV Ingenierie SAS (a French company)  and Others for trade mark infringement, passing off and copyright infringement. Those proceedings are also brought against French individuals Mr. Sylvestre Blavet and Mr. Thomas de Villemeur who led the negotiations to buy the Naurex Group and are majority shareholders of CBV and Capefront.

Mr. Jean François Maechel, along with fellow director Sandra Bootle, built the Naurex Group over a period of more than 20 years, and sought to exit the business a few years ago. Whilst a sale was agreed with Capefront, a dispute had arisen as to the ownership of the Naurex trade marks, as well as payment of sums due under the share purchase agreement. There are currently ongoing proceedings in the UK and Switzerland.

In the UK High Court proceedings, the Defendants, B.E.A.T. SAM, Capefront S/A & Others, made an application for three separate grounds of relief (i) for a stay of proceedings pending the conclusion of proceedings in the Federal Court of Switzerland, (ii) a stay of proceedings pending payment of security for costs amounting to over £340,000 and (iii) an extension of time for filing and serving their defence. In response, the Claimants made an application for default judgment as the Defendants had failed to file their defence by the prescribed deadline.

In his judgment, following a heavily contested hearing, HHJ Paul Matthews dismissed the Defendants’ application in its entirety and only allowed 28 days for B.E.A.T SAM to file their defence subject to an Unless Order, where failure to do so will result in a judgement in default. The judge stated that it seemed “inappropriate to grant a stay”, particularly given “that will have a significant impact on the quality of the evidence and it may well have an impact on Mr Maechel bearing in mind his age and his health”. 

The judge also stated in his judgment that he did think on the face of it “that the claim as it is drafted has reasonable prospects of success” and commented on the Defendants’ “conduct of the litigation” being “tactical and cynical”.

The decision of the High Court includes payment of over £88,000 payable by the Defendants to the Claimants for the costs incurred in those applications. Proceedings are to continue as ML Technology Ltd and Naurex Ltd seek to enforce their brand rights (registered UK and EU trade marks among other IP rights).

The JMW team is led by partners Lakmal Walawage and Philip Partington and includes paralegal Stephanie Ooi, and counsel Thomas Elias of Serle Court.