Secret Mode Limited & Anor v Victura, Inc

Facts

The dispute concerns the video game Six Days in Fallujah, a self-described "documentary military shooter" which Victura, Inc has spent some $52m over eight years developing and which has been on sale in "early access" over the Steam platform since 22 June 2023. In October 2025 Victura entered into a publishing agreement with Secret Mode Limited and Six Days Holdings Limited (Jersey), together the Publisher, under which the Publisher took publishing rights, agreed to spend around $3m on publishing and marketing and to advance up to $8m in staged Development Advances released against milestone builds. If a milestone build was rejected and two resubmissions also failed, the Publisher could exercise a Step In Right to assume control of development, obtain delivery of the full source code and increase its revenue share to 75%. The Publisher rejected Milestone 0.6 and two resubmissions between 31 January and April 2026, citing stuck AI and loading times, and said its Step In Right took effect on 1 May 2026. Victura had purported to terminate the Agreement on 29 April 2026. The Publisher issued proceedings on 22 May 2026 seeking declaratory and mandatory relief; Victura counterclaimed by a Part 20 claim of 29 May 2026, alleging a pre-determined rejection and an unlawful means conspiracy with Emona Capital LLP and Splash Damage Limited. Cross-applications for interim injunctions followed, expedited by Fancourt J.