Charles And Ivy Ltd & Anor v Chelsea Supplies Ltd

Facts

The First Claimant retails and wholesales fencing products from Middleton; the Second Claimant is its holding company. The Defendant, based in Bolton about 17 miles away, retails fencing products in competition. The claim concerned 20 images of fencing elements created by Mr Greg Robinson, a self-employed designer, whose rights were assigned to the Second Claimant and licensed exclusively to the First Claimant. The Claimants alleged that copies of the images were uploaded to the Defendant's website before 12 June 2025 to promote competing goods. The day before the case management conference, the Defendant admitted liability for infringement on the footing that a web developer it had hired acted as its agent, while denying knowledge and flagrant disregard. At the conference on 30 April 2026 it consented to judgment on liability and offered undertakings. Quantum, additional damages and certain factual issues were reserved to an inquiry, and the Defendant was ordered to pay the Claimants' costs of the liability phase. By the inquiry the Claimants no longer pursued exemplary damages and the Defendant no longer pursued its section 97(1) of the Copyright, Designs and Patents Act 1988 innocence defence. The inquiry came before Her Honour Judge Melissa Clarke in the Intellectual Property Enterprise Court.