Graffica v University of Birmingham and ors (High Court, 20 Sept 2018) Unreported

An application for pre-action disclosure (PAD) in a dispute concerning copyright infringement in railway simulation programmes. The applicant sought pre-action disclosure of source code of the respondent’s software. The respondent resisted it. It was concerned about disclosure of source code to a competitor.

The court applying Black v Sumitomo and AttheRaces refused the application saying that that the applicant had enough to issue proceedings,  PAD was not appropriate merely to allow focussed pleadings and the respondent had proposed an alternative route whereby source code was disclosed to lawyers and a jointly instructed expert for the latter to give an opinion about the nature and extent (if any) of copying so that the parties could attend a mediation.

Guy Tritton acted for Unviersity of Birmingham.