Praesidiad Holding BVBA & Anor v Zaun Limited ([2025] EWCA Civ 591)
In Praesidiad Holding BVBA & Anor v Zaun Limited ([2025] EWCA Civ 591), in the context of an allegation of infringement of Community Design Right and Re-Registered Design Right, the Court of Appeal considered the effect of Brexit legislation on the re-litigation of validity challenges in proceedings pending on IP Completion Day. The Court of Appeal upheld the first instance finding that Zaun’s counterclaim was barred by Article 86(5) of the CD Regulation and common law principles of res judicata and abuse of process. It rejected Zaun’s construction of the effect of the Brexit legislation. Benet Brandreth KC acted for the successful appellant Respondent, Praesidiad.