Frank Schrijver UK Limited & Or v Smartdry Intl Limited & Ors [2020] EWHC 2092 (Ch)
The Claimants, an individual and his company, applied to enforce the terms of a settlement agreement entered into with the Defendants following a successful mediation in 2016. The original dispute between the parties was a claim for trade mark infringement and passing off relating to the use of the name ‘Schrijver’ in relation to a damp control system and associated installation services. The key individuals involved in the dispute were members of the same family. HHJ Hodge QC dismissed the claim following a trial held remotely via Skype over 4 days at which the Claimants were not professionally represented. The judge held that the Claimants had established none of the alleged breaches of the settlement agreement, nor had they established any resulting damage or loss. He further held that the Second Claimant had recruited two close friends to help him in his dispute with his brother, both of whom were prepared to lie in an attempt to achieve his end.
Chris Aikens appeared as sole counsel for the successful Defendants.